












' 























































Calendar No. 510. 

61 st Congress, j SENATE. 

Session. f 


Report 
Nor. 546. 


7 i-'r 

SfjiMHlI— 1 

ADULTERATED OR MISLABELED PAINT, TURPENTINE, 

OR LINSEED OIL. 


• * > 

* * if 

April 14, 1910.—Ordered to be printed. 


us. 

Mr. Heyburn, from the Committee on Manufactures, submitted the 

following 

REPORT. 

[To accompany S. 1130.] 

V 

The Committee on Manufactures, to whom was referred the bill 
S. 1130, for preventing the manufacture, sale, or transportation of 
adulterated or mislabeled paint, turpentine, or linseed oil, have care¬ 
fully considered the same, and submit the following report: 

Immediately after it was known through the newspapers that the 
bill had been introduced the master painters and builders in every 
section of the United States commenced an active correspondence in 
favor of the bill, and both individually and through their organ¬ 
izations strongly indorsed its provisions, in some instances making 
suggestions as to amendments, but. generally indorsing it without pro¬ 
posed change. The manufacturers of paint and paint materials also 
opened a lively correspondence, some favoring and some opposing the 
bill. Those who opposed it generally based their opposition on what 
they termed the proposed exposure of the formulas under which their 
paints were made, claiming that certain trade secrets would be divulged 
to their disadvantage if they were compelled to place upon their pack¬ 
ages a statement of the ingredients contained in these articles, together 
with the percentage of each of such ingredients. At the urgent request 
of both sides hearings were held at which a large number of paint users 
and paint manufacturers appeared and gave testimony, which was 
reported by a stenographer and which is attached to and made a part 
of this report. 

So far as the mixed paints were concerned the testimony indicated 
that there were countless combinations of paint materials and coloring 
matter outside of white lead, spirits of turpentine, linseed oil, and zinc 


/b' 3 ft 


0 









2 ADULTERATED OR MISLABELED PATNT, TURPENTINE, ETC. 


which were sold merely as paint without claiming that such articles 
were other than combinations of the cruder and cheaper paint materials; 
but the more important testimony was directed to the use of w hite 
lead, spirits of turpentine, linseed oil, and zinc represented upon a 
package as being component parts of the paint, sometimes the per¬ 
centage of such ingredients being specifically stated and at other times 
generally. It did not seem to your committee that at this time it 
would be wise to undertake to deal with the mixed paints in connection 
with the subject-matter of this bill, inasmuch as the purchaser of mixed 
paints that do not profess to contain the recognized basis of white 
paint would not be deceived as to the general character of the mixed 
paints and might prefer to use them for w T hat they were worth because 
of their cheapness. It did, however, appear to your committee that 
so far as the white paints were concerned the testimony showed clearly 
thj*t they were adulterated in so many cases as to make it both neces¬ 
sary and wise to provide by law for the protection of the user of white 
paint against imposition through misrepresentation and fraud. 

In order that the committee might be accurate^ advised in regard 
to the extent and character of such fraud it requested the representa¬ 
tive of the Government having charge of the analysis and inspection 
of paints to be used in government work to procure in the open market 
samples of white paints and carefully analyze and report upon the 
same. The chemist called before the committee was Percy H. Walker, 
of the Bureau of Chemistry, Department of Agriculture, and pursuant 
to the request of the committee procured, in the cities of Washington 
and Baltimore, such samples, and he analyzed and reported upon 
the same, which report is hereto attached. This report makes rather 
a bad showing in regard to the white paints advertised and used 
throughout the country. The committee has not thought it wise in 
this report to give the names and addresses of the manufacturers of 
such paints as were tested, but each sample was numbered and the 
information as to the specific article of paint is available. Out of all 
the samples thus collected only two were found to be as represented. 
Several samples which upon the label claimed to be pure white lead 
ground in oil were found to contain only 1 per cent of white lead 
and as high as 80 per cent of pigment, which is used as a substitute 
for the white lead, and where white lead is worth 7 cents per pound 
the pigment would be worth 1 cent or less per pound. The testimony 
shows that petroleum and other cheap oils were frequently substituted 
in part or in w T hole for linseed oil as well as for spirits of turpentine. 

The committee also had before it the result of the analysis of many 
samples of paint purchased in the open market by the chemists of 
other States, which clearly showed that the adulteration of white paint 
as well as other varieties was almost universal, and that the statements 
upon the labels under which such paint was placed upon the market 
were false and misleading. 

The testimony of the master painters was most conclusive in regard 
to the facts of widely extended adulteration and misbranding. 

The testimony was so overwhelmingly against the manufacturers of 
white paint as to leave no doubt in the minds of your committee that 
the evil which this bill is intended to correct is so widespread as to 
demand legislation against admitting such adulterated articles into 
interstate commerce. 


ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 3 

In view of the foregoing statement of facts the committee has con¬ 
cluded that at this time it is wise to eliminate the question of mixed 
paints from the provisions of this bill and to deal only with white 
paints and their components, and to retain in the bill such provisions 
as would eliminate from interstate commerce the fraudulent products 
of white paint and to make provision for the examination and deter¬ 
mination of the quality of such paints for the purpose of detecting 
frauds and misrepresentations in regard to them. 

Your committee has carefully considered the proposed method of 
detection in regard to the matter as well as the method of preventing 
their manufacture and entry into interstate commerce; as well as an 
adequate punishment for the violation of the provisions of the bill as 
reported. 

After careful consideration of the whole matter your committee 
recommends that the bill be passed with the following amendments: 

The following amendments are proposed: 

In line 5, page 1, insert, after the word “paint,” the words “pure 
spirits of.” 

On page 2, in line 6, after the word “paint,” insert the words “pure 
spirits of.” 

In line 9, page 2, after the word “deliver,” insert the words “or 
caused to be shipped or delivered.' 1 

At the end of line 15, page 2, insert the words “or other." 

In line 23, page 2, after the word “and,” insert the words “upon 
conviction.” 

On page 3, in line 2, after the word “paint, 1 ' insert the words 
“pure spirits of." 

In line IT, page 3, after the word “paint,” insert the words “pure 
spirits of.” 

At the end of line 20, on page 3, insert the words “without first 
affixing upon the packages proper labels in accordance with the pro¬ 
visions of this act.' 1 

On page 3, in line 25, after the word “paint,” insert the words 
“pure spirits of.” 

On page 5 strike out paragraph A of section 6 contained in lines 19 
to 22, inclusive. 

On page 6 strike out paragraph A of section 7 contained in lines 5 
and 0, inclusive. 

On page 6, in lines 16 and 17, strike out the words “in case of dry 
colors, colors ground in oil, paste or semipaste paint; ” and in line 18 
strike out the words “and in all ready-mixed and r.eady-for-use paints," 
and insert in lieu thereof the word “and." 

On page 6, in line 20, strike out the words “the name and." 

On page 6, after the word “percentage,” in line 21, insert the words 
“and quality of white lead, zinc, oil, and spirits of turpentine if any.” 

On page 6, in lines 21 and 22, strike out the words “of each ingre¬ 
dient both solid and liquid;” also strike out all of line 22 after the 
word “therein,” and lines 23 to 25. inclusive, on page 6, and lines 1 
to 4 on page 7. 

On page 7, in line 13, after the word “of,” strike out the words 
“each ingredient” and insert in lieu thereof the words “white lead, 
zinc, oil or spirits of turpentine.” 


4 ADULTERATED OR MISLABELED TAINT, TURPENTINE, ETC. 


I 


On page 7, in line 14, insert after the word “contents” the words 
“ thereof in white lead, zinc, oil or spirits of turpentine, if any.' 

On page 7, in line 15, after the word “of," insert the words “per¬ 
centage and.” 

In line 8, page 8, strike out the woVds “paint, turpentine, or" and 
insert in lieu thereof the words “white lead, zinc.” 

On page 8, in line 9, before the word “that,” insert the words “or 
pure spirits of turpentine.'’ 

On page 9, in line 2, strike out the word “ that ” where it first occurs 
and insert in lieu thereof the word “ such.” 

On page 9, in line 16, strike out the words “ paint, turpentine, and ” 
and insert in lieu thereof the words “white lead, pure spirits of tur¬ 
pentine, zinc, and.” 


United States Department of Agriculture, 

Bureau of Chemistry, 
Washington, D. C., February 27, 1010. 

Hon. W. B. Heyburn, United Slates Senate. 

Sir: In accordance with your instructions at the hearing on Senate bill 1130 before 
the Committee on Manufactures, I beg to submit the following abstract giving in 
detail, the results of examination of certain samples of paint bought in the open 
market. In the annexed table of analyses of white leads bought in the open market 
in Washington and Baltimore, I have given in tabular form the statement, whether 
the manufacturer’s name was or w r as not stated on the label, the claim made on the 
label, the percentage of pigment and of vehicle, the analysis of the pigment, the 
probable composition (this being gathered from the results of analysis, and I would 
say in this connection that the samples w T ere all small, and little attempt was made 
to detect adulteration in the oil, so that in each case the statement is made that the 
pigment is linseed oil—it is possible that some of the samples contain other than 
linseed oil, though it is not probable), the weight when stated on the label and the 
weight that was claimed by the dealer, the weight found in grams (1 pound avoirdu¬ 
pois equivalent to 453.6 grams), the price paid, the calculated cost of contents of the 
can, per cent profit, price per pound claimed, and the price per pound actually paid. 
In calculating the cost of contents of the can we assumed that dry white lead was 
worth 7 cents per pound; that all other lead and zinc pigments, such as zinc oxid, 
sublimed lead, leaded zinc, and zinc lead, were also worth 7 cents per pound; that 
whiting, barium sulphate, silica, aluminum silicate, magnesium silicate, and calcium 
sulphate were worth 1 cent per pound; linseed oil was worth 52 cents per gallon, 
turpentine 50 cents per gallon, and benzine 14 cents per gallon. These values are 
the mean market values as taken from trade journals of dates near the time the samples 
were bought. The values for the pigments are approximately their values at the 
present time. The oil and the turpentine at the present time command higher prices. 

In considering the column “Per cent profit” you will note that two samples of pure 
white lead figure out from 69 per cent to 83 per cent profit, although the adulterated 
samples show a very much higher percentage of profit. It is, of course, to be expected 
that, a certain amount of profit must be made in preparing the material, putting it 
up in cans, and putting it on the market. This cost, however, would not be any more 
for the adulterated leads than for the pure white lead. Therefore, it seems to me 
that on packages as small as 1 or 2 pounds that a profit of more than 100 per cent 
calculated in the way that I have calculated it is excessive. Among the large num¬ 
ber of samples of turpentine examined, I will give you the details of two samples: 

I. S. No. 18948. Turpentine sold April 10, 1909, at 41.5 cents per gallon, when 
turpentine was quoted at 40 cents per gallon, contained 27 per cent mineral oil, which 
at 14 cents per gallon would make the mixture worth 33.1 cents per gallon, valuing 
the turpentine in it at 40 cents per gallon. Therefore, an extra profit of 25.5 per 
cent over what would have been made had the turpentine been pure and sold at the 
market price was obtained. 

I. S. No. 2748. Turpentine sold November 24, 1909, at 58.5 cents per gallon, when 
turpentine was quoted at 59 cents per gallon, contained 19.5 per cent of mineral oil, 
which at 14 cents per gallon would make the mixture worth 49.6 cents per gallon. 



ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 5 


Therefore, an extra profit of 17.8 per cent over what would have been made had the 
turpentine been pure and sold at the market price of pure turpentine was obtained. 

1 have not given you examples illustrating the profit from tne adulteration of lin¬ 
seed oil, though the amount of profit would be about on the same order as that of the 
turpentine, but the material offered, while it might contain some linseed oil, could 
not by any stretch of imagination be considered as a legitimate substitute for linseed 
oil. Some of the samples contained such large admixtures of mineral oil that they 
are no longer drying oils at all. 

Very respectfully,' Percy H. Walker, 

Chief Contacts Laboratory. 


6 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


Analyses of white leads bought in the open 

No. 

3865 

4226 

4227 

4223 

4229 

4230 

4231 

4232 

4233 

5318 


5319 


5320 


Manufactur¬ 
er’s name 
stated on 
label. 

Claim on label. 

Pig¬ 

ment. 

Vehi¬ 

cle. 

Analysis of pigment (per cent). 



P. ct. 

P. ct. 



Stated . 

White lead In nil. 

93.0 

7.0 

Loss at 105° C. 

0.0 





Total loss on ignition. 

15.0 





Total lead oxide (PbO). 

84.4 





Insoluble matter. 

.1 





Unextracted vehicle. 

1.6 

.do. 

White lead ground In lin- 

92.0 

8.0 

Barium sulphate (BaSOO. 

05.0 

9 

seed oil. 



Soluble sulphuric anhydrid(S0 3 ) 

1.0 





Carbonic anhydrid (C0 2 ). 

Present. 





Total lead oxide (PbO). 

2.5 





Zinc oxide (ZnO). 

28.3 





Calcium oxide (CaO). 

.5 





Unextracted vehicle. 

.4 

.do. 

Snow white lead ground 

90. 7 

9.3 

Barium sulphate (BaSO*). 

78.0 


in pure linseed oil. 



Soluble sulphuric anhydrid(S0 3 ) 

.7 


• 



Carbonic anhvdrid (C0 2 ). 

f’r.'sent. 





Total lead oxide (PbO). 

9.2 





Zinc oxide (ZnO). 

8.4 





Unextracted vehicle. 

.1 

...do. 

White lead ground in 

90.5 

9.5 

Barium sulphate (BaSOO. 

72.8 


prepared linseed oil. 



Soluble sulphuric anhydrid (S0 3 ) 

4.9 


. 



Carbonic anhvdrid (C0 2 ). 

Present. 





Total lead oxide (PbO). 

.8 





Zinc oxide (ZnO). 

12.1 





Calcium oxide (CaO) . 

3.4 





Unextracted vehicle. 

.3 

.. .do . 

White lead warranted 

91.5 

8.5 

Barium sulphate (BaSO 4 ) . 

91.0 


ground in refined lin- 

• 

Soluble sulphuric anhydrid (S0 3 ) 

.9 


seed oil. 



Carbonic anhydrid (C0 2 ). 

Present. 





Total lead oxide (PbO). 

3.0 





Zinc oxide (ZnO). 

2.5 





Unextracted vehicle. 

. 2 

.do. 

White lead ground in 

92.0 

8.0 

Barium sulphate (BaSOU. 

78.7 


pure linseed oil. 



Soluble sulphuric anhydrid (S0 3 ) 

. 7 





Carbonic anhvdrid (C0 2 ) . 

Present. 





Total lead oxide (PbO) . 

1.8 





Zinc oxide (ZnO) . 

16.2 





Unextracted vehicle . 

. 2 

. do . 

White lead in oil . 

89.9 

10.1 

Insoluble matter . 

j> 





Carbonic anhvdrid (C0 3 ) . 

Present. 





Total lead oxide (PbO) . 

85.4 





Unextracted vehicle . 

.3 

. do . 

White lead ground in re- 

89.8 

10.2 

Barium sulphate (BaSO<) . 

27.5 


fined linseed oil. 



Soluble sulphuric anhvdrid (S0 3 ) 

2.7 





Carbonic anhvdrid (C0 2 ) . 

Present. 





Total lead oxide (PbO) . 

33.3 





Zinc oxide (ZnO) . 

26.3 





Calcium oxide (CaO) . 

1.9 





Unextracted vehicle. 

.6 

•... • do.... •. > 

White lead ground in 

91.0 

9.0 

Barium sulphate (BaSO<). 

78.2 


pure linseed oil. 



Soluble sulphuric anhvdrid (S0 3 ) 

.4 





Total lead oxide (PbO). 

1.2 





Zinc oxide (ZnO). 

18. 1 




Unextracted vehicle. 

_2 

Not stated.. 

Pure white lead war- 

91.7 

8.3 

Loss at 105° C. 

.6 


ranted superior to any 



Total loss on ignition.. 

2.1 


in the market, made of 



Soluble sulphuric anhvdrid (S0 3 ) 

.6 


the best and purest ma- 



Zinc oxid (ZnO). 

6.6 


terials. 



Aluminum and iron oxid. 

.4 





Calcium oxid (CaO). 

3.5 





Barium sulphate (BaSO<). 

79.3 





Silica (SiO 2 ). 

7.0 





Carbonic anhydrid (C0 2 ). 

Present. 


White lead. 

91.4 

8.6 

Loss at 105° C. 

1 





Total loss on ignition. 

.6 





Soluble sulphuric anhydrid (S0 3 ) 

.9 





Zinc oxid (ZnO). 

35.3 





Aluminum and iron o v i 1 _ 

.7 





Barium sulphate (BaSoo. 

58.4 





Silica (Si0 2 ). 

4.3 





Unextracted vehicle. 

.6 

• • • • • do. • • •.. 

Pure white lead in oil.... 

90.7 

9.3 

Loss at 105° G. 

.0 





Total loss on ignition. 

.8 





Soluble sulphuric anhydrid (S0 3 ) 

3.5 





Total lead oxid (PbO).... 

1.1 





Zinc oxid (ZnO). 

11.4 





Calcium oxid (CaO). 

3.0 





Insoluble barium sulphate and 






silica. 

80.3 





Carbonic anhydrid (CO*).. 

Present. 





Unextracted vehicle. 

.1 















































































































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC 


1 


market in Washington and Baltimore. 


Probable composition (per 
cent). 

Weight 
stated on 
label. 

Weight 

claimed 

by 

dealer. 

Weight 

found. 

Price 

paid. 

Calcu¬ 
lated 
cost of 
con¬ 
tents 
of can. 

Per 

cent 

profit. 

Price 

per 

pound 

claimed. 

Price 

per 

pound 

paid. 

Pure white lead in linseed oil.. 

Pounds. 

2 

Pounds. 

2 

Grams. 

851 

SO. 24 

SO. 1312 

82.9 

$0.12 

$0.1278 

White lead. 2 

Zinc white (western).32- 

Barium sulphate.65 

Calcium sulphate. 1 

In linseed oil. 

1 

1 

415 

.10 

.0306 

226.8 

.10 

.1093 

White lead. 9 

Zinc lead. 11 

Barium sulphate. 80 

In linseed oil. 

1 

1 

431 

.10 

.0251 

298.4 

.10 

.1053 

White lead. 1 

Zinc white. 14 

Barium sulphate. 75 

Calcium sulphate. 10 

In linseed oil. 

1 

1 

457 

.10 

.0239 

318.4 

.10 

.0992 

White lead. 1 

Zinc lead. 6 

Barium sulphate.93 

In linseed oil. 

1 

1 

441 

.10 

.0183 

446.4 

.10 

. 1028 

White lead. 1 

Zinc white. 20 

Barium sulphate. 79 

In linseed oil. 

1 

1 

422 

.08 

.0245 

226.5 

.08 

.1074 

Pure white lead in linseed oil... 

1 

1 

424 

.10 

.0653 

68.5 

.10 

.1069 

White lead . 28 

Leaded zinc. 39 

Barium sulphate.28 

Calcium sulphate. 5 

In linseed oil. 

1 

1 

415 

.10 

.0477 

109.6 

.10 

.1093 

Zinc white. 20 

Barium sulphate. 80 

In linseed oil. 

1 

1 

409 

09 

.0237 

279.7 

.09 

.1109 

Zinc white. 7.0 

Silica. 7.0 

Whiting. 6.0 

Barium sulphate.80.0 

In linseed oil. 

Not stated. 

2 

858.3 

.20 

. 0355 

463.4 

.10 

.1057 

Zinc white . 30.0 

Silica . 5.0 

Barium sulphate . 59.0 

In linseed oil. 

. do . 

2 

842.1 

.20 

.0647 

209.1 

.10 

.1077 

Zinc white (western)... 13.0 

Calcium sulphate . 5.0 

Whiting . 2.0 

Barium sulphate . 80.0 

In linseed oil. 

. m J • m ^0 . • • . . 

2 

864.9 

.20 

.0430 

365.1 

.10 

.1049 









































































8 adulterated or mislabeled patnt, turpentine, etc. 


HEARING BEFORE THE COMMITTEE ON MANUFACTURES, UNITED 

STATES SENATE. 

Washington, D. C., February 17, 1910. 

The subcommittee, consisting of Senators Heyburn, Oliver, and 
Smith, of South Carolina, met at 10 o’clock a. m. for the purpose of 
considering the following bill: 

[S. 1130, Sixty-first Congress, first session.] 

A BILL For preventing the manufacture, sale, or transportation of adulterated or mislabeled paint, 

turpentine, or linseed oil. 

Be it enacted by the Senate and House of Representatives of the United States of America 
in Congress assembled , That it shall be unlawful for any person to manufacture, within 
any Territory or District of the United States, any paint, turpentine, or linseed oil 
which is adulterated or mislabeled or unlabeled within the meaning of this Act; and 
any person who shall violate any of the provisions of this section shall be guilty of a 
misdemeanor, and for each offense shall, upon conviction thereof, be fined not to 
exceed five hundred dollars or shall be sentenced to one year’s imprisonment, or 
both such fine and imprisonment, in the discretion of the court, ana for each sub¬ 
sequent offense and conviction thereof shall be fined not less than one thousand 
dollars or sentenced te one year’s imprisonment, or both such fine and imprisonment, 
in the discretion of the court. 

Sec. 2. That the introduction into any State or Territory or District of the United 
States from any other other State, Territory, or District or from any foreign country or 
shipment to any foreign country of any paint, turpentine, or linseed oil which is 
adulterated, mislabeled, or unlabeled within the meaning of this Act is hereby pro¬ 
hibited; and any person who shall ship or deliver for shipment from any State or 
Territory or District of the United States to any other State or Territory or District of 
the United States or to a foreign country, or who shall receive in any State or Terri¬ 
tory or District of the United States from any other State or Territory or District of 
the United States or foreign country, and having so received shall deliver in original 
unbroken packages, for pay or otherwise, or offer to deliver to any other person any 
such article so adulterated, mislabeled, or unlabeled within the meaning of this Act, 
or any person who shall sell or offer for sale in the District of Columbia or any District 
or Territory of the United States any such adulterated, mislabeled, or unlabeled 
articles, or export or offer to export the same to any foreign country, shall be guilty of 
a misdemeanor, and for such offense be fined not exceeding two hundred dollars for 
the first offense, and, upon conviction for each subsequent offense not exceeding three 
hundred dollars or be imprisoned not exceeding one year, or both, in the discretion 
of the court: Provided, That any paint, turpentine, or linseed oil shall not be deemed 
adulterated or required to be labeled within the provisions of this Act when intended 
for exportation to foreign countries when marked or labeled in a manner not in con¬ 
flict with the laws of the foreign country to which the same is intended to be shipped; 
but if any of said articles shall in fact be sold or offered for sale for domestic use or 
consumption then this proviso shall not operate as an exemption from any of the 
other provisions of this Act: And provided further, That nothing in this Act shall pro¬ 
hibit a manufacturer of paint, turpentine, or linseed oil to sell upon a written contract 
to a consumer, for use only on products of his own manufacture, goods mislabeled or 
unlabeled as to their ingredients but bearing conspicuously the printed statement 
that they are made in accordance with a private formula: Provided, That no paint, 
turpentine, or linseed oil made in accordance with a private formula, under a written 
contract, shall be sold by the consignee or used upon any buildings. 

Sec. 3. That the Secretary of the Treasury, the Secretary of Agriculture, and the 
Secretary of Commerce .and Labor shall make uniform rules and regulations for carry¬ 
ing out the provisions of this Act and including the collection and examination of 
paint, turpentine, and linseed oil manufactured or offered for sale in the District of 
Columbia or in any Territory or District of the United States, or which shall be offered 
for sale in unbroken packages in any State other than that in which they shall have 
been respectively manufactured or produced, or which shall be received from any 
foreign country or intended for shipment to any foreign country, or which may be sub¬ 
mitted for examination by the chief health, food, or drug officer or agent of any State, 
Territory, or District of the United States, or at any domestic or foreign port through 
which such product is offered for interstate commerce or for export or import between 
the United States and any foreign port or country. 


Adulterated or mislabeled paint, turpentine, etc. 


9 


Sec. 4. That the examinations of such specimens shall be made in the Bureau of 
Chemistry of the Department of Agriculture, or under the direction and supervision 
of such Bureau, for the purpose of determining from such examinations whether 
such articles are adulterated or misbranded within the meaning of this Act; and if it 
shall appear from any such examination that any of such specimens is adulterated or 
improperly branded or labeled within the meaning of this Act, the Secretary of Agri¬ 
culture shall cause notice thereof to be given to the party from w T hom such sample was 
obtained. Any party so notified shall be given an opportunity to be heard, under 
such rules and regulations as may be prescribed as aforesaid, and if it appears that any 
of the provisions of this Act have been violated by such party, then the Secretary of 
Agriculture shall at once certify the facts to the proper United States district attorney, 
with a copy of the results of the analysis or the examination of such article, duly 
authenticated by the analyst or officer making such examination, under the oath of 
such officer. After judgment of the court, notice thereof shall be given by publication 
in such manner as may be prescribed by the rules and regulations aforesaid. 

Sec. 5. That it shall be the duty of each district attorney to whom the Secretary of 
Agriculture shall report any violation of this Act, or to whom any health or food or 
drug officer or agent of any State, Territory, or District shall present satisfactory evi¬ 
dence of any such violation, to cause appropriate proceedings to be commenced and 
prosecuted in the proper courts of the United States, without delay, for the enforce¬ 
ment of the penalties as in such case herein provided. 

Sec. 6. (a) The term “paint” as used in this Act shall include all pigments, dry 
or in any kind of oil, or any substance or compound used or intended for use in paint, 
paste or semipaste paint, and liquid or mixed paint ready for use. 

(b) The product “linseed oil” is defined to be the oil obtained from seeds of the 
flax plant, Linum usitatissimum, Linnaeus. 

(c) The product “turpentine” is defined to be the light oil obtained from coniferous 
trees. 

Sec. 7. That for the purpose of this Act an article shall be deemed to be adulter¬ 
ated— 

(a) If any substance be present other than those mentioned on the label. 

(b) If any material contained in the article be of inferior quality to that claimed 
on label. 

(c) If any substance has been substituted in whole or in part for any ingredient 
claimed to be present. 

Sec. 8. That there shall be shown clearly and distinctly upon the face of the label 
and in the English language— 

(a) The name and the residence of the manufacturer of the paint, or of the dis¬ 
tributor thereof, or of the party for whom the same is manufactured. 

(b) There shall be shown in case of dry colors, colors ground in oil, paste or semi¬ 
paste paint the true net weight, and in all ready-mixed or ready-for-use paints the 
true measure in gallons or part thereof. 

(c) There shall be shown the name and, with substantial accuracy, the percentage 
of each ingredient, both solid and liquid, contained therein. In the case of paint 
other than white paint, where more than one coloring material is used, the several 
coloring materials may be shown by their combined percentage, in which case it shall 
be necessary to state the name and, with substantial accuracy, the chemical analysis 
of each of such constituent coloring materials. 

(d) When other than chemically pure colors are used the percentage composition 
thereof shall also be shown. 

That for the purposes of this Act an article shall also be deemed to be improperly 
labeled or misbranded— 

First. If it be an imitation of or offered for sale under the name of another article. 

Second. If the contents of the package as originally put up shall have been removed, 
in whole or in part, and other contents shall have been placed in such package, or if 
the package fails to bear a statement on the label of the quantity or proportion of each 
ingredient contained therein. 

Third. If in package form and the contents are not stated plainly and correctly in 
terms of net weight or measure on the outside of the package. 

Fourth. If the package containing it or its label shall bear any statement, design, 
or device regarding the ingredients or the substances contained therein, which state¬ 
ment, design, or device shall be false or misleading in any particular. 

Sec. 9. That no person shall be prosecuted under the provisions of this Act when 
he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other 
party residing in the United States, from whom he purchases such articles, to the effect 
that the same is not adulterated or improperly labeled within the meaning of this 
Act, designating it. Said guaranty, to afford protection, shall contain the name and 


10 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


address of the party or parties making the sale of such articles to such person, and in 
such case said party or parties shall be amenable to the prosecutions, fines, and other 
penalties whicn would attach in due course to such person under the provisions oi 
this Act. 

Sec. 10. That any paint, turpentine, or linseed oil that is adulterated or improperly 
labeled within the meaning of this Act and is being transported from one State, 
Territory, District, or insular possession to another for sale, or, having been trans¬ 
ported, remains unloaded, unsold, or in original unbroken packages, or if it be sold 
or offered for sale in any District, Territory, or insular possession of the United States, 
or if it be imported from a foreign country for sale, or if it is intended for export to a 
foreign country, shall be liable to be proceeded against in any district court of the 
United States within the district where the same is found and seized for confiscation 
by a process of libel for condemnation. And if such article is condemned as being 
adulterated or improperly labeled within the meaning of this Act, the same shall be 
disposed of by destruction or sale, as the said court may direct, and the proceeds 
thereof, if sold, less the legal costs and charges, shall be paid into the Treasury of 
the United States, but such goods shall not be sold in any jurisdiction contrary to 
the provisions of this Act or the laws of that jurisdiction: Provided , however , That 
up©n the payment of the costs of such libel proceedings and the execution and 
delivery of good and sufficient bond to the effect that such article shall not be sold 
or otherwise disposed of contrary to the provisions of this Act or the laws of any State, 
Territory, District, or insular possession, the court may by order direct that such 
articles be delivered to the owner thereof. The proceedings of such libel cases shall 
conform, as near as may be, to the proceedings in admiralty, except that either party 
may demand trial by jury of any issue of fact joined in any such case, and all such 
proceedings shall be at the suit and in the name of the United States. 

Sec. 11. That the Secretary of the Treasury shall deliver to the Secretary of Agri¬ 
culture upon his request from time to time samples of paint, turpentine, and linseed 
oil which are being imported into the United States or offered for import, giving 
notice thereof to the owner or consignee, who may appear before the Secretary of 
Agriculture and have the right to introduce testimony, and if it appear from the 
examination of such samples that any such article offered to be imported into the 
United States is adulterated or misbranded within the meaning of this Act, or is of 
a kind forbidden entry into or forbidden to be sold or restricted in sale in the country 
in which it is made or from which it is exported, or is otherwise falsely labeled in 
any respect, the said article shall be refused admission, and the Secretary of the 
Treasury shall refuse delivery to the consignee, and shall cause the destruction of 
any goods refused delivery which shall not be exported by the consignee within 
three months from the date of notice of such refusal under such regulations as the 
Secretary of the Treasury may prescribe: Provided , That the Secretary of the Treasury 
may deliver to the consignee such goods pending examination and decision in the 
matter on execution of a penal bond for the amount of the full invoice value of such 
goods, together with the duty thereon, and on refusal to return such goods for any 
cause to the custody of the Secretary of the Treasury, when demanded, for the pur¬ 
pose of excluding them from the country, or for any other purpose, said consignee 
shall forfeit the full amount of the bond: And provided further, That all charges for 
storage, cartage, and labor on goods which are refused admission or delivery shall 
be paid by the owner or consignee, and in default of such payment shall constitute 
a lien against any future importation made by such owner or consignee. 

Sec. 12. That the term “territory” as used in this Act shall include the insular 
possessions of the United States. The word “person” as used in this Act shall be 
construed to import both the plural and the singular, as the case demands, and shall 
include corporations, companies, societies, and associations. When construing and 
enforcing the provisions of this Act, the act, omission, or failure of any officer, agent, 
or other person acting for or employed by any corporation, company, society, or 
association, within the scope of his employment or office, shall in every case be also 
deemed to be the act, omission, or failure of such corporation, company, society, or 
association as well as that of the person. 

Sec. 13. That this Act shall be in force and effect from and after one year from 
the date of its passage and approval. 

Present: Senators Heyburn (chairman), Oliver, and Guggenheim. Also Messrs. 
John Dewar, of Pennsylvania; John Theobold, of Cincinnati, Ohio, representing the 
master painters and consumers of paint in Ohio; Charles McNichol, of Washington, 
D. C., representing the master painters of Washington and the consumers of paint; 
George Butler, of Philadelphia, Pa., representing the master painters and consumers 
of paint; Robert L. Peters, of Richmond, Va., representing the master painters and 
consumers of paint in Virginia; S. K. Felton, of the firm of Felton, Sibley A Co., of 


ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 11 


Philadelphia,; Simon M. Hanline. of Hanline Brothers, Baltimore, Md.; Howard Yarnell, 
of the Yarnell Paint Company, Philadelphia, Pa.; C. T. Wetherill, president George 
B. Wetherill & Co., Philadelphia; Eugene E. Mace, of Philadelphia, Pa.; Edward 
T. Longstreth, of Samuel H. French & Co., of Philadelphia, Pa.; Charles C. 
Chopp, of the Glidden Varnish Company, of Cleveland, Ohio; Dr. P. H. Walker, 
chemist, Department of Agriculture; Dr. S. W 7 . Stratton, Bureau of Standards, Depart¬ 
ment of Commerce and Labor. 

In opposition to the bill: Messrs. Ernest T. Trigg, general manager of the John 
Lucas Company, manufacturers of prepared paints and general paint products; Henry 
Wood, of Wellesley, Mass.; Henry C. Stewart, of the S. P. Wetherill Company, of 
Philadelphia; R. H. Lersner, of the East End Manufacturers’ Association; j" W. 
Coulston, of J. W. Coulston & Co., New York; and E. B. Heckell, secretary of a 
number of paint manufacturing and paint industrial organizations. 

The Chairman. We will commence the proceedings by taking the names of those 
who desire to be heard. It makes no difference in what order that is done, so far as 
the committee is concerned, but the gentlemen will please give their names so that 
they will appear accurately in the record and state whom they represent, and the 
clerk will take their names down, and the time will be apportioned accordingly. 

Mr. John Dewar. Mr. Chairman, I represent the National Association of Painters 
and Decorators of the United States, and am chairman of their legislative committee 
for the purpose of having enacted a federal law regulating the sale of paints and paint 
materials. 

The Chairman. It is not necessary that you should be very elaborate about it. 
We simply desire to know whether you are an officer of any organization. Who else 
do you speak for? 

Mr. Dewar. I speak for the painters of Pennsylvania and the consumers of Penn¬ 
sylvania. Mr. John Theobold, of Cincinnati, Ohio, is representing the master paint¬ 
ers and consumers of paint in Ohio; Mr. Charles McNichol, of Washington, D. C., is 
representing the master painters of Washington and the consumers of paint; Mr. George 
Butler, of Philadelphia, Pa., is representing the master painters and consumers of 
paint in Pennsylvania; Mr. Robert L. Peters, of Richmond, Va., is representing the 
master painters and consumers of paint in Virginia. 

Mr. Heckell. Mr. Chairman, I am secretary of a number of paint manufacturing 
and paint industrial organizations. I do not think it is necessary to enumerate them. 

The Chairman. What is your address? 

Mr. Heckell. Philadelphia, Pa. I have something to say in conclusion. 

The Chairman. Are there any other gentlemen present than those who have been 
named, who at this time desire to be noted as intending to speak? We would like 
to get some idea of the probable length of this hearing. (After a pause.) If there 
are not, then, Mr. Secretary, you will just call the names and the order in which 
they are given. 

The secretary read the names as given. 

STATEMENT OF JOHN DEWAR, REPRESENTING THE NATIONAL ASSOCIA¬ 
TION OF PAINTERS AND DECORATORS OF THE UNITED STATES. 

Mr. Dewar. Mr. Chairman and gentlemen, I feel myself at a disadvantage in being 
called upon to open up this very grave discussion which affects the master painter and 
the consumer of paint all over this country, as well as the manufacturers of paint, but 
realizing that it is facts that you are after I propose to deal alone with facts in the 
matter. 

The position of the master painter and the consumer of paint in the country to-day 
is that he is, in his purchases, buying a pig in a poke; c he is swapping, as it were, his 
jackknife sight unseen; he is going into the market to purchase a commodity, where 
he knows what he wants, but he does not know that he is getting it. It is cCly when 
his paint washes off the building or cracks with fissures that resemble that of the 
alligator skin, that he knows he has been defeated in his attempt to produce in his 
work the best results possible. When he goes in to the lead market for the purchase 
of his lead he is confronted with certain labels on packages that are marked “Pure 
white lead,” and on analysis he finds that that lead may contain 1 per cent of car¬ 
bonate of lead or 13 per cent, or 50 per cent. It is all lead to him, as it appears in the 
package, because, I want to emphasize the fact as a practical man, having served in 
my business as master and man for thirty years—l want to emphasize the fact, gentle¬ 
men, and every manufacturer here will agree with me—that no man is capable of dis¬ 
tinguishing the good from the bad by simply looking at it, not even smelling it, 
although the mixed paint may contain 50 per cent of petroleum. 


12 ADULTERATED OR MISLABELED PATNT, TURPENTINE, ETC. 


These, gentlemen, are the days when the art and science of adulteration is rampant 
all over this country. In the days of the pure food and drug exposure, people stood 
back and gasped at the results produced. I want to tell you that in the paint industry 
of this day—and I say it advisedly—the same adulteration and the same mislabeling 
are rampant, and we have the proof of it. There is a bulletin, No. 70, as issued by 
Commissioner Ladd of North Dakota- 

The Chairman. Who is Commissioner Ladd? Give his title, or the position he 
holds, or his office. 

Mr. Dewar. He is commissioner of agriculture in North Dakota—pure-food com¬ 
missioner of North Dakota—a mail who stands second to none, and the manufacturers 
and the chemists present, if any, will agree with me that he stands second to none in 
his knowledge of paint and paint materials. He goes out into the market to purchase, 
throughout the general market, paints, and he analyzes them. 

The Chairman. If you are going to refer to a book, let it be identified, so that it 
will appear in the record. 

Mr. I)ew t ar. Yes, sir. I present Commissioner Ladd’s Bulletin No. 70, which con¬ 
tains the analyses of lead and mixed paint purchased in the open market, and the expo¬ 
sition. The analysis of those paints and leads prove that the greatest amount of adul¬ 
teration is carried on all over the country, and were that not true, were his analyses not 
true in the spirit and to the letter, why that book- 

Senator Oliver. Does he give the labels and names ? 

Mr. Dew'ar. Yes, sir; the whole thing. He analyzes all through, and shows as high 
as 20 per cent of water in mixed paints, and 3hows adulterations to the extent of 70 
per cent. 

Bulletin No. 70, referred to, is as follows: 

[Bulletin No. 70, North Dakota Agricultural College, Government Agricultural Experiment Station of 

North Dakota.] 

PAINTS AND THEIR COMPOSITION. 

By E. F. Ladd and C. D. Holley. 

Inasmuch as only a few of the brands of paint offered for sale in the State were 
reported upon in Bulletin No. 67, and this fact led to some misunderstanding on the 
part of the consuming public, it seemed desirable, after the court decision declaring 
the state paint law constitutional, to further investigate the subject of paints and to 
examine, as far as possible, all brands known to be on sale in the State or which, from 
time to time, are being shipped into the State, thus bringing the entire information 
before the consumers, who are constantly writing in order to know with regard to the 
composition of the various paints not previously reported upon. 

Under the date of February 26, 1906, there was issued by this department the 
following circular notice: * 

“The North Dakota paint law has been declared constitutional and valid. The 
decision was rendered February 24 by Judge Amidon, of the United States district 
court. The paint law is, therefore, now in force, and it is expected that the manu¬ 
facturers and jobbers who ship paints into the State from this time on will comply 
with the requirements of the same and label the products, where such labels are found 
necessary. 

“We ask the manufacturers and jobbers who now' have paint in the State to take steps 
to have the same properly labeled, and in order to tide over the present conditions 
we allow for such paints an exemption until April 1, 1906, so that suitable labels may 
be prepared and furnished to the dealers. This department stands ready and willing 
to give every assistance possible to those who are interested and desire our aid. A 
label in form like the following will, by this department, be deemed as complying 
with the spirit of the law: 

Fer cent. 


White lead. jg 

Zinc oxide.35 

Barytes. 05 

Calcium carbonate. 22 


Together with the necessary coloring matter to produce the desired tint. 

It is assumed, of course, in the above that the coloring matter, when so labeled is a 
product which is commercially pure. The liquid portion should also be labeled 
where necessary in order to show the proper ingredients. Water, when present in 
quantities not to exceed 1.5 per cent, may be considered as incidental. Where 
Western zincs are used that do not carry more than 5 per cent of lead sulphate, the 







ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 13 


fame may be properly considered as commercial zinc oxide or the term “ Western 
zinc” might be employed. The terms “leaded zinc” and “sublimed white lead” 
will be deemed as sufficient designation of these ingredients on the label. 

E. F. Ladd, Commissioner. 

February 26. 


PAINT LAW TO BE ENFORCED. 

I am glad to be able to say that the majority of paint manufacturers, especially 
those who do a large business in the State, have expressed their willingness to com¬ 
ply with the requirements of the law, as interpreted in the paint circular, and have 
so prepared their labels. Naturally, there would be some confusion in the placing 
of labels on the stock in the State, but in general this matter has been well handled 
by the manufacturers and there is little to be complained of in this direction. 

It is believed that of each of the brands of paints generally sold in this State at 
least two shades have already been analyzed and the results are given in the following 
pages. In most instances there is reported upon an outside white and one of the 
grays, although it is impossible to always secure the same shade from the different 
brands. As far as possible a pearl, or silver gray, or lead color has been selected for 
examination. This investigation has necessitated a large amount of analytical work, 
but in every instance the work has been carefully checked up in order that no injus¬ 
tice should be done any manufacturer, and a report of the results of our analyses as 
soon as completed have been forwarded to the producer, where their address was 
given upon the can. In but two or three instances have there been complaints of 
the accuracy of our results, and check analyses have confirmed our findings and at 
times led us to believe that the product as purchased on the market from the stock 
in hand did not represent the product as now being produced by the company. In 
other words, the manufacturer has changed his formula since the law was enacted. 

PAINT LAW. 

It is held by this department that every mixed paint of whatever description, 
white leads, paste paints, floor paints, carriage paints, barn paints, etc., to be offered 
for sale in the State must conform to the requirements of the state law. It is true 
that the law as enacted by the last session of the legislature is somewhat ambiguous, 
but the department has tried to interpret it liberally and in the spirit of fairness to 
the consuming public and producer. Of course it is not always easy to determine 
just what the spirit of the law would be in a particular case without knowing more 
definitely the range of composition for the various products which enter into the 
manufacture of paints. It is believed that section 1 of the paint law might properly 
be divided under four heads and that there should be introduced a section more fully 
defining paints. 


WATER IN PAINTS. 

We emphasized strongly in Bulletin No. 67 the evils of the presence of a large 
amount of water in paints and showed that some of the paints upon the market in the 
liquid portion contained as high as 24 per cent. It is not our purpose to repeat what 
was said at that time, but refer the reader to the original. We may, however, in pass¬ 
ing state that paint materials, linseed oil, various pigments and other products that 
enter into the composition of paint must naturally carry a small amount of hygroscopic 
moisture. We have therefore held that paints which contain not to exceed 1.5 per 
cent of water in the fluid portion are to be considered as pure in this respect, and that 
such water is to be classed simply incidental to the process of manufacture. I do not 
mean by this that the paint might not have been produced without any water or that 
the presence of the water has added anything of value to the paint. This feature we 
are not now considering. In our late bulletin some paints were reported to contain 
from 0.1 to 0.5 per cent of water in the liquid portion. Now, this water was not to be 
considered as having been employed by the manufacturer, but water naturally present 
in the pigment and fluid menstrum from which the paint was produced. In making 
a complete analysis all these constituents must be taken into consideration in deter¬ 
mining its composition. Paints therefore which contain a small fraction of a per cent 
as indicated above are not to be considered as having had water added to them. I 
feel called upon to make this statement since certain representatives of paint manu¬ 
facturers have misrepresented and distorted the facts as given by this department, 
and in many instances this has been done willfully and to the disgrace of the house, 
lowering itself either directly or through the agency of its employees to such a policy. 


14 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


Paints containing water may be divided into two groups: Those which contain less 
than 4 per cent and those which contain 9 or more per cent. It is significant that, the 
paints should divide so sharply in per cent of moisture present, and it would indicate 
clearly that those containing a large per cent have the added water for the purpose 
of cheapening the cost of production, whatever may be said with regard to the use of 
the small amount of water in some mixed paints. 

In the following table I have compiled the data showing those paints which contain 
a high per cent of moisture, and it will be noted that the O. L. Chase paint No. 170 is 
repeated twice, giving in the first place the per cent of moisture in the paint when oil 
has been mixed with it ready for use, and again, giving the per cent of moisture as it 
occurred in the original package, without the addition of the oil, and just as it was 
received from the manufacturer: 


Brands containing high per cent of water. 


Sta¬ 

tion 

num¬ 

ber. 


170 

66 

175 

123 

88 

185 

167 

184 

150 

183 

169 

173 

154 

155 

55 
153 

67 

159 

114 

158 

170 

56 

174 
48 


✓ 

Brand. 

Character. 

O. L. Chase, mixed paint. 

Tint. 

Tower brand mixed paint. 

White. 

Ajax brand mixed paint. 

.do. 

Town and Country mixed paint. 

.do. 

N. B. & C. St. Paul paint. 

.do. 

Tower brand mixed paint. 

Tint. 

“Made for you” paint. 

.do. 

Star brand mixed paint. 

.do. 

Gold Medal paint, Woolworth A Co. 

.do. 

Seroco brand mixed paint. 

.do. 

Champion mixed paint..•. 

.do. 

Pitkin’s Premium*paint. 

.do. 

Diamond brand mixed paint. 

White... 

.do.. 

Tint.... 

Noxall brand mixed paint. 

White.... 

Detroit W. L. Co.’s liquid paint. 

Tint. 

Star brand mixed paint, . 

White 

Champion mixed paint. 


Town and Country mixed paint. 

Tint,.... 

Golden Rule cottage colors*.. 


O. L. Chase mixedpaint. 


Perfecto mixed paint. 

White.. 

Gold Medal paints, Morrison Paint Co. 

Tint.. 

Seroco brand mixed paint. 

White. 




Water. 


Per cent. 
7.4 
9.1 
9.3 
10 

10.3 

11.3 
11.8 

13.7 

13.9 

14.5 
15 

15.7 
16.1 

16.7 

17 

17.2 

18 

18.4 

18.6 

20.5 

20.9 
22 

22.5 
24 


RELATION OF VEHICLE TO PIGMENT. 

One may fairly ask what should be the relation of the fluid portion to the pigment 
in paints. To answer such a question, which has frequently been put to us by the 
people of North Dakota, one should have a complete knowledge of the composition 
of the various paints and shades as found on the market. Then, it is probably true 
that the relation would be found to vary somewhat according to the shaaes employed. 
The white shades contain a larger proportion of pigments to the menstrum than do 
the darker shades, but from such data as we have gathered from the paints thus far 
examined it may be said that as a rule in the better paints the fluid portion of the 
paint ranges from 35 to 40 per cent of the total weight, thus leaving from 60 to 65 per 
cent for the pigment. Where paint is sold for $1.60 per gallon when linseed oil can 
be had for $0.40 per gallon there is more profit in introducing a larger proportion of oil 
than of white lead, and one might in this way cheapen somewhat the cost of production 
by thinning the paint to an undesirable extent. 

WHITE LEADS. 

A number of commercial brands of white lead found in the State have been examined 
and outside of the recognized makers of white leads not one has been found which did 
not contain a large amount of inert matter, and in some instances they have been 
found to contain no white lead whatever. In this connection I would especially 
call attention to Wier’s (Improved) Bavarian white lead, the American Pure white 
lead, Globe white lead, Michigan Seal white lead, Columbian white lead, and United 
States white lead, together with a number of others not labeled as to the name of the 

































































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 15 


manufacturer, but reported upon in this bulletin. We may take, for example, 
Bavarian white lead made by D. T. Wier White Lead Company, of St. Louis, the com¬ 
position of which is indicated by the following: 


White lead. 

Lead sulphate. 

Zinc oxide. 

Barytes. 

Undetermined matter 


Per cent. 
. 00.00 
. 5.07 

. 25.00 
. 69.70 
. .23 


100 . 00 

The D. T. Wier White Lead Company in a let ter under date of March 17, which bears 
the signature of the president of the company, state, as follows: 

“We will say in answer to your favor of the 15th that since the North Dakota paint 
law went into effect we have withdrawn from the State, and do not propose v to sell 
any goods in North Dakota so long as that law is operative. Therefore we have no 
labels and will not have any labels that are adapten to the wants of North Dakota.” 

They further say in the same letter: “While writing on the subject, we can not 
see that the law in question has benefited anyone except two trusts who control two 
pigments specified in the law. We have been about a quarter of a century perfecting 
our method of grinding and our formula, and we do not propose to advertise that to 
the general public as required by the law of your State.” 

The analysis above would indicate the wisdom of the firm’s decision. 

The reader is referred to similar statements with regard to the composition of other 
white leads reported upon in this bulletin, and it would seem that there can be no 
good reason for classing this product as white lead; in fact, their further sale in the 
State under the label of white lead will make it necessary for this department to begin 
prosecution against parties who may be handling this class of paints. 

ABUSES BY MANUFACTURERS AND THEIR AGENTS. 

Since the publication of Bulletin No. 67 and the enforcement of the paint law there 
has sprung up. on the part of certain manufacturers and their agents, abuses which 
can in the future reflect no credit upon those who have taken part in promoting these 
abuses. The analyses as set forth in Bulletin No. 67 have been used by representa¬ 
tives of certain houses in a way that is entirely unjustifiable. The course pursued 
in some instances has been such as to make it necessary for this department to take 
notice of the fact and to demand that a change in policy be made at once on the part 
of the houses or agents under consideration. While doing everything possible to cover 
up the shortcomings of their own paints, they have distorted the facts with regard to 
that of their competitors when it would have been far better for them had they attended 
to their own business and emphasized the good qualities, if there were any, in their 
own paint and left that of their competitors alone. 

A house which either through its own representatives or agents resorts to a course 
of this kind is not above suspicion. Again, when a house informs its agents that it 
is their business to sell paints and not to know the composition of the same, that the 
composition of the paint is the particular business of the factory to look after it can 
not be expected that these representatives will do other than claim their paints as 
containing the constituents which the public have been led to believe, and, often 
by the representations of these same houses, to be the true basis for all the best grades 
of paint. This policy is and has been pursued by some houses and at the present it 
is tending to wreck the reputation of the paints which they have been handling. 
Worse than all this is when a house prints deliberately upon its labels that this product 
is composed of pure white lead and zinc oxide and the paint is found to contain not 
a trace of white lead. What is to be said of the business policy of such firms? Have 
the public not a right to be suspicious of anything which they may handle or of the 
business methods of such a concern? 

SHORT MEASURE. 

Not only is there a wide variation in the composition of paints, but the paints of 
certain houses are frequently short in measure, sometimes to the extent of 10 to 13 
per cent. Thus, a man paying for a 2-quart can of some of the mixed paints may 
receive but 1.75 quarts, thus losing 12£ per cent, which gives a very considerable 
profit to the benefit of the manufacturer of this paint as compared with the manu¬ 
facturer who gives full measure. We have, therefore, in the following pages tried 
to give the true measure of each and every sample of paint which has been examined 

/ 








16 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


by this department. It is believed that this publicity will have a tendency to force 
all manufacturers to bring the standard of measure more nearly to what it should be. 

SHORT WEIGHTS OF WHITE LEADS. 

All the white leads and so-called white leads, examined by this department, have 
been found to be short weight. That is, the kegs supposed to contain 12£ pounds will 
actually contain in each 8 kegs, which should have shown 100 pounds, only 83 to 89 
pounds. As showing to what extent the different so-called white leads actually 
varied and fell short in weight I give the following list. 



Assumed 

weight. 

Net 

weight. 


Lbs. 

50 

Lbs. oz. 
46 0 


12 J 

11 13 


12? 

10 6 

Ppd Spj»l . 

12* 

10 7 


25 

21 12 

\finhicrsm SspjyI . 

25 

22 7 

Pnlnmhia whifp IpjaH a . 

12* 

10 0 

TTraitpd Ktatp<? . 

12* 

11 0 




a There has been some considerable leakage of oil from the package. 


From an inspection of the above table it will be observed that none of these products 
contain an amount which the purchaser assumes to be present. It is true that for a 
number of years this condition has prevailed, but in making corrections of evils now 
existing it seems a good time to place this product on a basis of the true net weight. 
Why should a man pay for 12£ pounds when he receives but 10^? It is claimed that 
this additional price pays for the pail or keg, but the man who is calculating on the 
amount of material is misled and has a right to expect that the product shall be labeled 
truthfully, not only with regard to the actual composition, but to the weight as well. 
While the paint law does not apply to weights under the general law of the State, it is 
believed there is sufficient ground for demanding that this change be made on the part 
of those who would send their products into North Dakota. 

RELATION OF LEAD TO ZINC. 

The question is generally being asked, what should be the relation of the lead to 
the zinc in the pigment of our mixed paints? An inspection of the analyses of the 
various paints will show that the per cent of lead varies from nothing to about 60, 
while the proportion of zinc in the mixed paints ranges from 20 to 80 per cent. The 
practical paint men seem to differ with regard to the proportion of lead to zinc in 
mixed paints, but some of the best of these from whom we nave gathered information 
would indicate that for outside house paints not less than two-thirds of the pigment 
should be in the form of lead. This would leave one-third zinc. It would seem 
where inert material is substituted as though the proportion should not exceed that 
which is employed in the form of zinc, or one-third of the total. It is true, however, 
that there are but few paints on the market which contain more than 50 per cent of 
white lead. Just what the best proportion is can only be determined by actual 
experiments and investigation. 

To what extent the leading manufacturers have been influenced by actual experi¬ 
ments in determining the proportions of lead to zinc, or to what extent the desire to 
cheapen the cost of the product has been a factor in determining the relation of lead 
to zinc in paints, is hard to determine. Again, the fact that the manufacturers have 
been forced to meet competition with cheap and spurious products may have made it 
necessary that they produce a product not as good as they knew how to, but as good as 
the public will pay lor. Already there is a marked improvement, and the proportion 
of white lead has been much increased in several well-known brands. This would 
certainly seem to indicate that paint manufacturers recognize the superior value of 
white lead as the basis of paints. 

In looking over the analyses as given in the following pages, one is surprised to note 
the number of paints that contain inert material in excess of 10 or 15 per cent. Certain 
manufacturers have maintained that the presence of a small amount of inert material, 
carbonate of lime, etc., was desirable for the purpose of neutralizing any acid in the 
oil or other paint ingredients, thus insuring better protection to the paint and prevent- 
























ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 17 


ing the deterioration of the oil. None have, however, maintained that the quantity 
need exceed for this purpose 5 per cent, and many have indicated that not more than 
1 or 2 per cent need be employed. It has also been maintained that the presence of a 
small amount of inert material prevented the settling of the pigment in the can and 
the consequent solidifying whicn sometimes take place. None, however, have main¬ 
tained that more than 10 per cent was necessary for this purpose. Certainly, it can not 
be said that from 30 to 70 per cent are essential; therefore the substitution of a larger 
amount than 10 per cent must be either because it produces a paint equal to or superior 
to white lead and zinc, as indicated above, or else it is used as a cheapening agent. It 
is not our purpose to discuss the relative merits of these several paint constituents at 
this time, but it is a matter of more than passing interest to know which of the paints 
contain more than 15 per cent of such inert material as chalk, barytes, silica, etc. I 
have, therefore, arranged in order of per cent in the following table all those where the 
amount is in excess of 15 per cent: 

Brands of paint having 15 per cent and aver of inert material. 


Station 

No. 


Brand. 


Per cent. 


151 
66 

152 
166 
175 
165 
177 

153 
185 
106 
108 

173 

169 
160 

60 

59 

142 

57 

56 

67 

55 

159 

150 

49 

174 

183 

184 
48 

158 

9 

170 

154 

155 
167 


N. B. & C., St. Paul paint. 

Tower brand, Montgomery, Ward & Co. 

B. P. S. Patterson & Sargent. 

Armstrong’s mixed paint. 

Ajax mixed paint. 

Armstrong’s mixed paint, O. W. 

Parian brand, Farwell, Ozum, Kirk. 

Detroit White Lead Works’ liquid paint. 

Tower brand mixed paint. 

Lucas & Co.’s Gloss paint. 

Best prepared paint, Heath <k Milligan. 

G. W. Pitkin’s Premium brand. 

Champion, Detroit White Lead Works, stone color.. 
Best prepared paint, Heath & Milligan, French gray 

Lion brand, St. Paul White Lead and Oil Co. 

Green Seal. 

Breinig’s Lithogen Silicate paint. 

Favorite House paint, Masury & Son. 

Perfecto, Enterprise Paint Co. 

Star brand, United States Paint Co. 

Noxall, Enterprise Paint Co. 

Champion, Detroit White Lead Works, O. W. 

F. W. Woolworth’s, Gold Medal. 

Ruchter’s Durable paint. 

Gold Medal, Morrison Paint Co. 

Seroco Mixed Paint. 

Star brand. 

Seroco Paint Co. 

Golden Rule Cottage colors. 

Peoples’ paint.-. 

O. L. Chase. 

T. M. Roberts’ Diamond brand, O. W. 

T. M. Roberts’ Diamond brand, gray. 

Parker Perfect Paint Co. 


16.4 

19.1 
20.0 

20.1 
20.6 

20.9 
21.1 
21.2 

25.3 
25.7 
26.0 
26.1 

27.3 

29.6 

29.9 

31.1 

33.2 

34.5 

37.6 

41.1 

42.9 

44.7 

46.3 

46.9 

47.3 

47.8 

48.6 

49.9 

49.1 
53 3 

55.2 

68.2 

69.4 
70 6 


COST OF PAINTS. 


Some of the paints furnished by catalogue houses, and others who do business of a 
similar nature, cost to produce less than one-half that for good paints even though the 
good paint contains a considerable percentage of inert material, that is, the pigment 
in one of these catalogue house paints per gallon has been estimated to cost 12£ cents 
while in another paint the pigment in each gallon would cost not less than 57 cents on 
the same basis of estimation. There are other cheap paints costing less to produce even 
than the one indicated above and, too, in the liquid portion there is even a wider 
variation in the cost of the two classes of paints. 

Water and benzene are not to be classed in cost with good turpentine and linseed 
oil. Neither are they to be considered as adding anything of virtue to the paint. 
Three pounds of sal soda, 1£ pounds glue, 1£ pounds of borax, and 2 pounds of sugar of 
lead in 50 gallons of water when mechanically combined with the pigment to the extent 
of 12 to 24 per cent of the fluid of the paint might make a good profit for the manufac¬ 
turer and furnish a “dope ” deceptive to the consumer but nevertheless it is a shameful 
fraud. It would not be strange, however; if this did nut fairly represent some of the 
“jelly-in-the-pail” like paints. 

37414—S. Rep. 546, 61-2-3 



















































18 ADULTERATED OR MISLABELED PATNT, TURPENTINE, ETC. 


OCHER AND PRIMING. 

Many cheap ochers are employed as tinting agents in certain paints. It is a ques¬ 
tion whether the presence of such ochers, when found in paint, is not to be classed 
as a cheapening agent rather than a true coloring matter of commercial purity. The 
introduction of from 10 to 20 per cent of ocher into a paint which is one-half calcium 
carbonate or other foreign constituents can, in my judgment, only be looked upon 
as a cheapening agent, especially when, after the addition of this amount of tinting 
matter, it still becomes necessary to reenforce the color with a more concentrated 
tinting product, as is true in some paints which we have examined. What constitutes 
a commercially pure ocher is a difficult problem to determine, in the present state of 
our knowdedge. It seems necessary that we make an examination of ochers in order 
to determine their composition and range of variability. 

The fact that some one may choose to put upon the market a product, which is 
sold under the name of ocher, does not of necessity make the product what is claimed 
for it. Similar statements may be made with regard to the composition of various 
other products which are used in the preparation of paints. To call a product silica, 
is to assume that it is possessed of a definite composition; but when this product is 
found to be made up of a larger proportion of foreign constituents than of true sili¬ 
cates, it seems that the same end had been accomplished as had been sought by those 
who have introduced calcium carbonate or other cheapening agents or inert con¬ 
stituents in the place of white lead or zinc oxide. 

Of one thing, however, we feel confident, and that is that the average American 
ocher, as employed in paint manufacture at the present time and especially for the 

E urpose of priming, can not be too strongly condemned. It has not the virtue that 
as been claimed for it. In the judgment of the writer, ocher as now furnished should 
never be used on a good building as a priming coat. The purest white lead and the 
best linseed oil, or, in lieu of these, the highest grade of mixed paint well thinned 
down, had far better be employed in priming a house than to use ocher. 

In a recent issue of the Painters Magazine, in discussing ocher, the following state¬ 
ment is made which is of interest at this time. 

“Yellow ocher which is, to use a common phrase, simply yellow clay colored by 
hydrated ferric oxide. French ocher, to pass inspection by the various service 
department scientists of the United States Government, must be of good bright color, 
contain at least 20 per cent sesquoxide of iron, and not over 5 per cent of lime in 
any form.” 


SIZE OF CAN. 

The size of the can does not vary greatly for the leading manufacturers of standard 
paints. There is, however, a noticeable difference in the size of the cans used by 
the leading catalogue houses doing business in the State. Not only are these paints 
as a rule notoriously cheap and inferior products, but one does not secure full measure, 
as shown by the following: 


Sta¬ 

tion 

No. 


Firm. 


185 

184 

183 

154 

155 
170-1 


Montgomery Ward & Co. 

Montgomery Ward & Co. (United States Paint Co. 

Sears, Roebuck Co. (Seroco). 

•T. M. Roberts Co. 

_do. 

Chase. 


Size of 
can. 

Contents. 

Quarts. 

Quarts. 

1.91 

1.82 

1.94 

1.76 

1.95 

1.70 

1.95 

1.75 

1.95 

1.92 

3.90 

3. 41 


It will be observed in the column headed “Contents” above that there is a very 
material shortage, and, in the case of Chase, the paint as purchased instead of getting 
the full gallon, one actually receives 3.41 quarts. Here is certainly a good margin 
of profit for the paint producer, without taking into consideration 'the character^ of 
the product which enters into the can. 

VOLATILE OILS. 

One can not study the analyses in the following pages without having his attention 
called to the wide variation of the amount of volatile oil and driers which are used 
in the several paints. It is noticeable that in many of the paints where the best 


















ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 19 


driers are used, from 4 to 7 per cent seems to meet the wants of the manufacturer in 
the painte they send out. 

A prominent paint chemist, commenting upon the composition of certain paints, 
stated as follows: “Both paints contain an excess of weak drier, 4 per cent of strong 
drier being sufficient for a heavy-bodied paint.” 

Some of the paints reported upon in the following pages show from 15 to as high as 
30 per cent of the liquid portion in the form of drier or volatile oils, and usually it is 
found that, this is a very cheap product made up largely of benzine and, probably in 
some instances, of rosin driers. 


STATUTORY PAINTS. 

The question is frequently asked by our correspondents as to which paints comply 
with the North Dakota law so as not to require labeling. This is not always an easy 
matter to answer, or at least until all of the shades have been analyzed. In fact, there 
is probably no manufacturer who will not find it necessary to label with regard to 
composition some of the dark shades usually made upon other than a lead base. 

Of the paints which have been found on sale in North Dakota during the past three 
months and not requiring to be labeled as to composition or, in other words, made 
from the statutory pigments, lead and zinc with pure tinting colors, the following 
brands may be mentioned with the per cent of white lead, the capacity of the can, ana 
the weight per gallon: 


Station 

No. 

Brand. 

White 

lead. 

Quarts 
in can. 

W eight 
per 

gallon. 

135 

Minnesota O. P. Co. 

Per cent. 
50 

1.01 

Lbs. oz. 
16 3 

86 

Blood’s Paint. 

30 

.98 

15 8 

172 

Monarch. 

40 

.96 

13 12 

149 

Horseshoe. 

40 

.94 

15 8 

112 

Gilt Edge (new). 

50 

1.03 

16 0 

125 

Atlas paint (new). 

40 

1.06 

14 12 

176 

Lion (new). 

50 

1.01 

16 8 

147 

Devoe’s. 

30 

.95 

13 10 



A few other paints may possibly be added to the above list not as yet on sale in the 
State, since their formulas have been changed. 

In the above list the Atlas, Gilt Edge, and Lion brands are being made under a new 
formula to comply with the requirements of the North Dakota law. 

Under the new formula adopted for the Monarch paint it may be expected that this 
paint will then take the second place, following the Minnesota. It is undoubtedly true 
that several other paints, now that there is afforded them some protection and a 
demand has developed for a lead and zinc paint with pure linseed oil and turpentine 
dryers, will find their way into the State and displace some of the cheap and inferior 
products handled by catalogue houses, department stores, and advertising concerns. 


COST OF PAINT PIGMENTS. 


The cost of the various pigments used is a question of great importance with the 
paint manufacturer, and the following table of quotations prepared from recent paint 
journals will be of interest: 


White lead.... 

Sublimed white lead. 

Zinc oxide.... 

Zinc lead white. 

Lithopone. 

Barytes. 

Whiting (calcium carbonate). 

Paris white, English Cliffstone (calcium carbonate) 

Magnesium silicate. 

Silex, silica... 


Per 100 lbs. 

38- 

$6. 

50 


7. 

00 

50 

5. 

00 


4. 

25 

75 

7. 

00 

65 

1 . 

25 

43 


50 

75 

1 . 

00 

75 

1 . 

50 

60 

2. 

00 





























20 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC 


Trade names for some of the principal paint pigments with chemical names. 


Trade names. 


Barytes.. 

Blanc fixe.. 

Corroded lead.. 

English white. 

Gypsum.. 

Lithopone.. 

Marble dust. 

Ochres. 

Paris white. 

Ponolith. 

Princess mineral. 

Silex. 

Silicate of magnesia.. 

Silver white. 

Spanish white. 

Sublimed white lead 

Terra alba. 

Tuscan red.. 

White lead. 

Whiting. 

Zinc lead white. 

Zinc white. 

Zinc oxide. 

Zinc oxide (leaded).. 


Chemical nan is. 


Barium sulphate. 

Precipitated barium sulphate. 

Basic lead carbonate. 

Calcium carbonate. 

Calcium sulphate hydrated. 

A combination of barytes, zinc oxide, and zinc sulphide in various propoi- 
tions. 

Calcium carbonate. 

Silicate of alumina colored with ferric oxide. 

Calcium carbonate. 

Similar to lithopone. 

Oxide of iron. 

Silica. 

Magnesium silicate, a natural earth product. 

Silica. 

Calcium carbonate. 

Apparently a basic lead sulphate carrying a small portion of zinc oxide. 
Calcium sulphate. 

Oxide of iron. 

Basic carbonate of lead. 

Calcium carbonate. 

Composed of about equal parts lead sulphate and zinc oxide. 

Zinc oxide. 

Do. 

Zinc oxide containing a varying amount of lead sulphate. 


ANALYSIS OF WHITE LEADS. 

[Station No. 143: Michigan Seal White Lead. Acme White Lead and Color W'orks, Detroit, Mich.] 

“Acme Quality.” 

Guarantee: “We guarantee our Michigan Seal brand of white lead to be superior to 
any white lead in the market as regards opacity or body covering capacity. It is also 
extremely durable, possessing in this important particular great merit. For whiteness 
and fineness of texture it will be found unsurpassed.” 

Lbs. Oz. 


Assumed size of steel keg. 25 0 

Gross weight. 25 8 

Net weight. 22 7 

Shortage on basis of 100 pounds. 10 4 


Analysis of pigment. 


Per cent. 

White lead. 37. 51 

Lead sulphate. 7. 84 

Zinc oxide. 25. 87 

Calcium carbonate. 20. 36 

Barytes, silica and undetermined. 8. 42 


Total. 100.00 

[Station No. 162: Michigan Seal White Lead.] 

Lbs. Oz. 

Assumed size of steel keg. 50 o 

Gross weight. 51 q 

Net weight. 45 q 

Shortage on basis of 100 pounds. 8 0 


This product is, like all the white leads so called, short in weight. It is not a white 
lead, but a mixture of various paint ingredients, and therefore falsely labeled. 

[Station No. 163: Crown White Lead. Bradley & Vrooman Co., Chicago.] 

“We conform to the laws of the State of North Dakota by stating that Crown White 
Lead is made as follows: 

Per cent. 

Lead (sulphate).’. ^0 

Zinc (oxide). ^ 


Total 


100 


















































ADULTERATED OR MTSLABELED PAINT, TURPENTINE, ETC. 


21 


Lbs. Oz. 

Assumed size of keg.*.. 12 8 

Gross weight. 13 12 

Net weight. 11 13 

Analysis of 'pigment. 

Per cent. 

Sublimed lead. 61. 19 

Zinc oxide. 38.81 

100. 00 

This product is not white lead but is made from sublimed lead and zinc oxide. The 
producers have informed us that the paint is to be sold under the label of “Crown 
White, ” to which there can be no objections when labeled to show its composition. 

[Station No. 37: White lead, Diamond brand. Carter White Lead Co., Chicago.] 

“Guaranteed strictly pure white lead. This package contains 92 per cent carbonate 
of lead, 8 per cent linseed oil. The Carter White Lead Company will pay $100 and 
the cost of analysis for the detection of any adulteration in this or any other package 
bearing this brand.” 

Lbs. Oz. 

Stated weight. 2 00. 0 

Net weight. 1 15. 5 

Shortage, 1.5 per cent. 

Analysis of pigment. 

Per cent. 

White lead. 99.28 

Undetermined.72 

100. 00 

[Station No. 126: White lead, United States brand. Enterprise Paint Manufacturing Co., Chicago.] 
“United States white lead is good white lead.” 

Lbs. Oz. 

Assumed size of keg. 12 8 

Net weight. 11 0 

Shortage on the basis of 100 pounds. 12 0 

Analysis of pigment. 

Per cent. 

White lead. 00. 00 

Lead sulphate. 19. 30 

Zinc oxide.*. 20. 03 

Calcium carbonate. 7. 98 

Barytes. 52. 48 

Undetermined.21 

100.00 

This product is 12 per cent short in weight. The label reads “United States white 
lead is good white lead.” But the United States white lead contains no white lead 
whatever, to call it white lead is, to say the least, a misnomer. It can not legally be 
called white lead, and it must bear a label showing its composition. 

[Station No. 164: Railway White Lead. Heath <k Milligan Manufacturing Co., Chicago.] 
“Whitest. Most opaque, most durable.” 

Lbs. Oz. 
12 8 
12 10 
10 6 


Assumed size of keg 

Gross weight. 

Net weight. 


























22 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


Analysis of pigment. 

Per cent. 


White lead. 38.95 

Lead sulphate. -I. 31 

Zinc oxide. 33. 58 

Calcium carbonate. 19. 48 

Barytes and silica. 3. 18 


Total.. 100.00 


While this might be called “Railway White,” it can not be said to be white lead. 
It is short weight and 60 per cent other than white lead. 

[Station No. 141: Columbia White Lead. Iowa Paint Manufacturing Co., Fort Dodge, Iowa.J 


“In pure linseed oil.” Lbs. Oz. 

Assumed size of keg.:. 12 8 

Net weight °. 10 8 


Analysis of pigment. 

Per cent. 


White lead. 55. 03 

Lead sulphate.00 

Zinc oxide. 15.21 

Barytes and silica. 29. 33 

Undetermined.43 


Total. 100.00 


This paint, like the other whites, is short weight and contains 45 per cent of 
adulterants. 

[Station No. 182: Longwear Tinted Lead. White. Longwear Tinted Lead Co., St. Louis, Mo.] 

Analysis of pigment. 

Per cent. 


White lead. 00. 00 

Lead sulphate. 8. 32 

Zinc oxide. 42. 05 

Barytes &:. 41.43 

Calcium carbonate. 8. 04 

Undetermined.*.16 


100 . 00 

The above product can in no way lay claim to being a white lead. It is falsely 
labeled and wholly adulterants. 

[Station No. 110: White lead, Red Star brand. Senour Manufacturing Co., Chicago.] 

Analysis of pigment. 

Per cent. 


White lead. 97. 72 

Lead sulphate. 2. 00 

Undetermined.28 


Total. 100.00 


[Station No. 156: Red Seal Brand White Lead. St. Louis Lead and Oil Co., St. Louis, Mo.) 
“Strictly pure white lead. ” 

“The contents of this package is composed of 8 per cent of linseed oil; 92 per cent 
carbonate of lead. The St. Louis Lead and Oil Company will pay $100 and the cost 


° Considerable oil had escaped from package. 
b Includes a very small percentage of natural silicate. 































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 23 


of analysis for the detection of any adulteration in this or any package bearing their 
brand of strictly pure lead. ” 


Lbs. Oz. 

Assumed size of keg.;. 12 8 

Gross weight. 12 si 

Net weight. ' " * iq 7 

Shortage on basis of 100 pounds. !!!!!!* 16 8 

[Station No. 157: Red Seal Brand White Lead.] 

Lbs. Oz. 

Assumed size of keg. 25 0 

Gross weight. 25 1 

Net weight. 21 12 

Shortage on basis of 100 pounds. 13 12 


Composition. 


Linseed oil 

Water. 

White lead 


Per cent. 
8 . 05 
.47 
91.48 


Total 


100 . 00 


[Station No. 178: Red Seal White Lead. From National Lead Co.] 

“Packages all marked.” 

Lbs. Oz. 


Stated gross weight. 317 0 

Stated weight of keg. 12 0 

Weight of keg as actually determined. 19 0 

Shortage. 5 0 


There is a shortage in weight for all these white leads. They should either be made 
full weight or the net weight added. The custom of giving gross weight for net in 
these pails may be old but it is not just to the purchaser. 

[Station No. 129: Bavarian White Lead (Improved). D. T. Weir White Lead Co., St. Louis, Mo.] 

Guarantee: “Weir’s Bavarian White Lead (Improved) is guaranteed to be as 
white and finely ground as any lead made. It is also guaranteed to wear 50 per cent 
longer than any ‘strictly pure white lead’ or other make of lead. The greater bulk 
of Weir’s Bavarian White Lead (Improved) gives 22 per cent increased spreading 
capacity, which, added to the wonderful durability which it produces, makes it by 
far the most economical paint on the market. We will forfeit $100 to any charitable 
institution in St. Louis, if after comparative time test, Weir’s Bavarian White Lead 
(Improved) does not outwear any white lead made.” 

Analysis of pigment. 


Per cent. 

White lead. 0 . 00 

Lead sulphate. 5. 07 

Zinc oxide. 25. 00 

Barytes. 69. 70 

Undetermined.23 


Total. 100.00 


In a little booklet entitled “Points 011 Paint and Painting” by D. T. Weir White 
Lead Company, we find they do not claim Wier’s Bavarian White Lead to be made 
from strictly pure white lead. Here is what they say on page 21: “White Bavarian 
Lead is not strictly pure, perfectly pure, or any other pure, but it is a combination 
of pigments ground m linseed oil to the usual white paste form. The words white 
lead are used as a descriptive term because they are designations used by the public 
for a white paste paint material.” They do, however, endeavor to lead the public 
to believe that it is in part white lead, as is shown on page 5 of the same booklet, 
which says: “The white lead used in Wier’s Bavarian White Lead is corroded by 
the old Dutch process, and is then pan-dried.” 


























24 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


“This lead is then ground in the best linseed oil with other perfectly dry inert 
pigments which do not have the least effect on linseed oil. By this process all 
danger of damage to the linseed oil is removed, and we have left in Wier’6 Bavarian 
White Lead the most durable white lead made.” 

There is, therefore, no mistake as to what the company would have the consumer 
believe with regard to the composition of the paint, and they have the right, there¬ 
fore, to assume that this product is in part at least white lead. Reference to the 
analysis given above shows that this product contains no white lead whatever. The 
company are therefore guilty of intentionally misleading and deceiving the public 
in their statements as well as in the name which they have selected. A product of 
this type can not be sold under the name of “white lead” without subjecting the 
dealer to liability of prosecution for deception and fraud. 


[Station No. 179: Sublimed White Lead, Picher Lead Co., Joplin, Mo.] 

Approximate composition as stated by the manufacturers is as follows: 

Per cent. 


Lead sulphate. 75 

Lead oxide. 20 

Zinc oxide. 5 


The lead sulphate and lead oxide being apparently combined as a white oxysul- 
phate. The zinc oxide is incidental to the manufacture. 


Analysis of sample. Per cent. 

Lead sulphate. 75. 02 

Lead oxide. 18. 48 

Zinc oxide. 6.22 

Silica and alumina.28 


Total. 100.00 


Analysis of miscellaneous white leads. 


Station No. 

Brand. 

Net weight. 

White lead. 

Lead s u 1- 
phate. 

Zinc oxide. 

Barytes. 

Calcium car¬ 
bonate. 

Silica. 

Clay. 

Undeter¬ 

mined. 



Lb. oz. 









10 

Globe White Lead. 

0 13.5 

9.98 


12.00 

76.28 


1.10 


0. 64 

11 

Gold Seal White Lead. Minn. 









Linseed Oil Paint Co. 

0 15.4 

64.73 


3.60 

30. 43 


.76 


.48 

12 

Park White Lead, Park Lead 









Works. 

0 14.8 

4.69 


12.50 

75.72 

5.89 

.67 


.53 

24 

American White Lead, Premium 







brand. 

0 15.0 

3.34 


8.96 

72 35 

4.52 


10.83 


52 

White Lead. 


54.69 


17. 38 

25.57 


.36 

134 

American Pure White Lead, Chi- 










cago. 

1 14.2 

.00 

3.29 

6.90 

89.81 





136 

Mississippi White Lead. 

1 14.0 

10.69 


20.03 

69.28 





161 

American White Lead. 

0 15.0 

5.31 

6.37 

13. 68 

74.25 




.39 












Is one of the above products are entitled to be called white lead. Only one bears 
the name of the company putting out the product. All must needs be labeled to 
show their composition before they can be sold, legally, in this State. 


[Station No. 131: “Selected” Zinc Oxide. New Jersey Zinc Co., New York.] 

Composition. 

Lead sulphate. 

Zinc oxide. 


Per cent. 
0. 31 
99. 69 


Total 


100 . 00 


























































ADULTERATED OH MISLABELED PATNT, TURPENTINE, ETC. 25 


[Station No. 133: XX Zinc Oxide. New Jersey Zinc Co., New York.] 

Composition. 


Lead sulphate 
Zinc sulphate 
Zinc oxide.... 


Per cent. 
0. 03 
.11 
99. 86 


Total 


100.00 


[Station No. 130: Mineral Point Zinc Oxide.] 


Composition. 


Lead sulphate 
Zinc sulphate 
Zinc oxide... 


Per cent. 
4. 22 
1.41 
94. 37 


Total 


100 . 00 


[Station No. 132: Mineral Point Standard Zinc Oxide.] 

Composition. 

Per cent. 


Lead sulphate. 5. 98 

Zinc sulphate.61 

Zinc oxide. 93. 41 


Total. 100.00 


ANALYSES OF MIXED PAINTS. 

[Station No. 62. Acme Household Paint (white). Acme White Lead and Color Works, Detroit, Mich.] 
[Station No. 110: New Era Paint (outside white). Acme White Lead and Color Works, Detroit, Mich.] 

“New Era outside white is composed of pure lead, zinc, and refined linseed oil, is 
very heavy bodied and must be reduced to meet the requirements of the work upon 
which it is to be used. ” 

[Station No. 117: New Era Paint, Tint No. 44 (gray).] 

“A chemical analysis of this paint will prove our claim that it is the best paint that 
can be made. The white and lighter tints will weigh heavier than darker shades and 
colors, as the latter contain a much larger percentage of coloring material, which 
necessarily weighs considerably less than the pure white. We invite comparison 
between this paint and any brand of strictly pure lead or prepared paint, as to dura 
bility, covering, and working properties.” 



No. 62. 

No. 116. 

No. 117. 

Capacity of can. 

Quarts. 

0.30 

.26 

Per cent. 
28 .30 
71.70 

Quarts. 

2.04 
2.00 

Per cent. 
67.40 
32.60 

Quarts. 

2.06 

1.97 

Per cent. 
58.30 
41.70 

Contents. 

Pigment by weight. 

Fluid portion by weight. 

Total. 

100.00 

100.00 

100.00 



Net weight: No. 62,14.9 ounces; No. 116, 8 pounds, 2 ounces; No. 117, 7 pounds, 7 ounces. 


ANALYSIS OF FLUID PORTION. 


Linseed oil. 

Per cent. 
68.60 
30.00 
1.40 

Per cent. 
90.60 
7.30 
2.10 

Per cent. 
87.80 
12.20 

Turpentine dryer. 


Total. 


100.00 

100.00 

100.00 
















































2G ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC 


ANALYSIS OF PIGMENT. 



No. 62. 

No. 116. 

No. 117. 

White lead. 

Per cent. 

Per cent. 
58.76 
2.22 
33.92 
1.24 
1.54 
1.76 
.18 
.38 

Per cent. 
9.11 
45.06 
43.77 

Lead sulphate . 


Zinc oxide. 

99.80 

Calcium carbonate. . .. . 

Alumina. 


.99 

.85 

Silica.... . 


Magnesia. . . 


Undetermined color, etc. 

.20 

.22 

Total. 

100.00 

100.00 

100.00 



The tag attached to every can of this paint is somewhat misleading, since the state¬ 
ments made thereon would seem to be applicable to the outside white and not to the 
shades. 


[Station No. 165: Armstrong’s Mixed Paint (outside white). Armstrong’s Paint and Varnish Works, 

Chicago.] 

“Guarantee: We guarantee our paint to be satisfactory in every way when applied 
according to directions on this label.” 

The basis of the paint in this can is composed of selected oxide of zinc, 65 per cent; 
pure carbonate of lead, 15 per cent; silex (or indestructible flint), 20 per cent; together 
with the necessary coloring matter to produce the desired tint. 

The liquid in this paint is composed of pure linseed oil, 92 per cent; oil drier, 8 per 
cent. 

[Station No. 166: Armstrong’s Mixed Paint, Tint Ne. 366.] 


Same statement on can as under No. 165. 



No. 165. 

No. 166. 

Capacity of can. 

Quarts. 

1.94 

1.89 

Per cent. 
65.60 
34.40 

Quarts. 

1.94 

1.74 

Per cent. 
57.20 
42.80 

Contents..*. 

Pigment by weight. 

Fluid portion by weight. 

Total. 

100.00 

100.00 



Net weight: No. 165, 7 pounds 11 ounces; No. 166, 6 pounds. 


ANALYSIS OF FLUID PORTION. 


Linseed oil. 

Per cent. 
88.90 
9.30 
1.80 

• 

Per cent. 
89.50 
8.60 
1.90 



Total. 

100.00 

100.00 



ANALYSIS OF PIGMENT. 


White lead. 

Per cent. 
14.65 
.34 
63.42 
20.91 
.68 

Per cent. 

1 W 

Lead sulphate. 

97 

Zinc oxide. 

97 

Silica. 

20.14 

2.14 

Undetermined color, etc. 


Total. 

100.00 

i&n /vi 


lw. UU 





































































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 27 


[Station No. 106: Atlas Paint (house colors). Strictly pure. Tint No. 10 (light green). Atlas Paint 

Manufacturing Co., Minneapolis, Minn.] 

“Unequaled for fineness and durability.” 

[Station No. 125: Atlas Paint (house colors). Tint No. 10 (light green).] 

“Our strictly pure guarantee. We guarantee that this paint contains only those 
ingredients declared by law to constitute pure paint, viz, pure white lead (carbonate 
of lead), pure oxide of zinc, pure coloring matter ground in pure linseed oil and thinned 
with pure turpentine and pure Japan dryer.” 


* 

No. 106. 

No. 125. 

Capacity of can. 

Quarts. 

1.05 

.99 

Per cent. 
54.10 
45.90 

Quarts. 

1.06 

1.06 

Per cent. 
54.80 
45.20 

Contents. 

Pigment by weight. 

Fluid portion by weight. 

Total. 

100.00 

100.00 



Net weight: No. 106, 3 pounds 8 ounces; No. 125, 3 pounds 11 ounces. 


ANALYSIS OF FLUID PORTION. 


Linseed oil . 

Per cent. 
97.40 
1.00 
1.60 

Per cent. 
95.90 
2.70 
1.40 

Turpentine japan. 


Total. 

100.00 

100.00 



ANALYSIS OF PIGMENT. 


White lead . 

Per cent. 
38.01 
8.13 
52.61 
1.25 

Per cent. 
39.72 
3.84 
54.98 
1.46 

T <5iilnhat.p ..... 

7Atip nxinp . 


Total . 

100.00 

100.00 



[Station No. 41: “N. W.” Mixed Paint (outside white). T. L. Blood & Co., St. Paul, Minn.] 

“Unexcelled for durability, fine finish, and covering capacity.” 

“The pigment of the ‘N. W.’ paint is composed of carbonate of lead, oxide of zinc, 
and colors, thinned with pure linseed oil and sufficient turpentine japan and spirits 
of turpentine to insure general working qualities. No other materials enter into its 

composition.” . . . . 

“When properly applied we guarantee our ‘N. W.’ paint to give entire satisfaction as 

to durability, covering capacity, and fine finish.” 

[Station No. 86: “N. W ” Mixed Paint, Tint No. 66.] 

[Station No. 148: “N. W.” Mixed Paint, Tint No. 21.] 



No. 41. 

No. 86. 

No. 148. 


Quarts. 

1.03 

.89 

Per cent. 
62.10 
37.9® 

Quarts. 

1.03 

.98 

Per cent. 
62.00 
38.00 

Quarts. 

2.03 

1.92 

Per cent. 
56.90 
43.10 




Total ... 

100.00 

100.00 

100.00 



Net weight: No. 41, 3 peunds 5 ounces; No. 86, 3 pounds 14 ounces; No. 148, 6 pounds 12 ounces. 
























































28 ADULTERATED OR MISLABELED PATNT, TURPENTINE, ETC 


ANALYSIS OF FLUID PORTION. 



No. 41. 

No. 86. 

No. 148. 

Linseed oil. 

Per cent. 
86.70 
10.50 
2.80 

Per cent. 
93.20 
5.20 
1.60 

Per cent. 

92.00 

0.20 

1.80 

Turpentine drier. 


Total. 

100.00 

100.00 

100.00 



ANALYSIS OF PIGMENT. 


White lead. 

Per cent. 

« 31.32 

Per cent. 
30.62 

Per cent. 
27.73 

Lead sulphate. 

3.14 

2.39 

Zinc oxide. 

68.14 

65.96 

57.12 

Clay and silica. 

7.74 

Iron oxide and lampblack. 



5.02 

Undetermined, color, etc. 

.54 

.28 



Total. 

100.00 

100.00 

100.00 



« Lead present calculated to white lead. 


Sample No. 148 has a rather large per cent of ocher as color. 

[Station No. 122: Crown Cottage Colors (outside white). Bradley Vrooman <fc Co., Chicago.] 

“Unequaled for fineness and durability.” 

We conform to the laws of the State of North Dakota by stating that Crown Cottage 
Colors (outside white) is made as follows: 

Pigment .—Lead (sulphate), 60 per cent; zinc (oxide), 40 per cent. 

Thinntrs— Linseed oil, 90 per cent; japan drier and turpentine, 10 per cent. 

[Station No. 121: Crown Cottage Colors, No. 300 silver gray.] 

Garanty for the base white. 

Pigment .—Lead (sulphate), 50 per cent; zinc (oxide), 50 per cent. 

Thinners .—Linseed oil, 90 per cent; japan drier and turpentine, 10 per cent. 



No. 122. 

No. 121. 

Capacity of can. 

Contents. 

Quarts. 

3.96 

3.95 

Per cent. 
57.00 
43.00 

Quarts. 

3.96 

3.04 

Per cent. 
55.90 

44.10 

Pigment by weight. 

Fluid portion by weight. 

Total. 

100.00 

100.06 



Net weight: No. 122, 15 pounds; No. 121, 14 pounds 5 ounces. 


ANALYSIS OF FLUID PORTION. 


Linseed oil. 

Per cent. 
90.50 
9.30 
.20 

Per cent. 
88.60 
«10. 80 
.60 

Total.I. 

100.0# 

100.06 



a Largely benzine. 

































































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 29 


ANALYSIS OF PIGMENT. 



No. 122. 

No. 121. 

White lead. 

Per cent. 

Per cent. 

Lead sulphate®. 

58. 37 
5. 99 
35. 24 
.40 

48. 76 

Lead oxide ®. 

Zinc oxide. 

48.31 
2.93 

Undetermined color, etc. 

Total. 

100.00 

100.00 



o Probably sublimed lead. 


[Station No. 142: Breinig’s Lithogen Silicate Paint (outside white). Bridgeport Wood Finishing Co., 

New Milford, Conn.] 


Silex lead and zinc paint. 

“Recommended for durability, body, and fastness of color. Superior to white lead. 
Nonpoisonous, will not crack, peel, or chalk off. Resists atmospheric action in any 
climate. Especially adapted for painting along the coast. Hardens into an elastic 
stone-like covering on stone, plaster, and iron, * * * 1 gallon producing 2 

gallons or more of paint ready for use, which will spread over more surface than the 
same quantity of white lead and linseed oil.” 



No. 142. 

Capacity of can . 

Quarts. 

1. 05 
.94 

Per cent. 
82. 50 
17.50 

Contents. 

Pigment, by weight. 

Fluid portion, by weight. 

Total .. •. 

100.00 


Net weight, 5 pounds 1 ounce. 

ANALYSIS OF PIGMENT. 


White lead.... 
Lead sulphate 

Zinc oxide_ 

Silica. 

Undetermined 


Per cent. 
33.88 
.i; 
32.09 
33.18 
.68 


Total 


100.00 


O. L. Chase, the Paint Man, 721m Olive Street, St. Louis, Mo. 

I am the paint man. 

Two full gallons free to try—six months’ time to pay. 

I am the paint man. I have a new way of manufacturing and selling paints. It’s 
unique—it’s better. 

Before my plan was invented paint was sold in two ways—either ready-mixed or 
the ingredients were bought and mixed by the painter. 

Ready-mixed paint settles on the shelves, forming a sediment at the bottom of the 

cstn 

The mineral in ready-mixed paint, when standing in oil, eats the life out of the oil. 
The oil is the very life of all paints. 

Paint made by the painter can not be properly made on account of lack of the 
heavy mixing machine. 

My paint is unlike any other paint in the world. 

It is ready to use, but not ready-mixed. 

My paint is made to order after each order is received, packed in hermetically sealed 
cans with the very day it is made stamped on each can by my factory inspector. 

I ship my pigment—which is white lead, zinc, drier, and coloring matter freshly 
ground, after order is received—iu separate cans, and in another can I ship my Oilo, 

















































30 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


which is pure old process linseed oil, the kind that you used to buy years ago before 
the paint manufacturers, to cheapen the cost of paint, worked in adulterations. 

I sell my paint direct from my factory to user at my very low factory price; you pay 
no dealer or middleman profits. 

I pay the freight on 6 gallons or over. 

My paint is so good that I make this wonderfully fair test offer: 

When you receive your shipment of paint, you can use 2 full gallons—that will cover 
600 square feet of wall—two coats. 

If, after you have used that much of my paint, you are not perfectly satisfied with 
it in every detail, you can return the remainder of your order and the 2 gallons will 
not cost you one penny. 

No other paint manufacturer ever made such a liberal offer. 

It is because I manufacture the finest paint, put up in the best way, that I can make 
this offer. 

I go even further. 

I sell all of my paint on six months’ time, if desired. 

This gives you an opportunity to paint your buildings when they need it, and pay 
for the paint at your convenience. 

Back of my paint stands my eight-year, officially signed, iron-clad guaranty. 

This is the longest and most liberal guaranty ever put on a paint. 

For further particulars regarding my plan of selling, and complete color card of all 
colors, send a postal to 0. L. Chase, St. Louis, Mo. 

I will send my paint book—the most complete book of its kind ever published— 
absolutely free. Also my instruction book entitled “This Little Book Tells How to 
Paint” and copy of my eight-year guaranty. 

Note. —My eight-year guaranty backed by $50,000 bond. 

The producers of Chase’s paint specifically state that their mixed paint is white lead, 
zinc, drier, and coloring matter freshly ground, as is shown by a reference to the pre¬ 
ceding advertisement, when in reality there is no white lead in the paint whatever. 

In their directions for using the O. L. Chase “Made to Order” paint, on page 10, they 
state: “It contains exactly the right proportions of everything needed—the exact 
amount of white lead to give opacity and body; the right proportion of zinc white to 
afford proper oil affinity and greatest durability; the precise quantity of drier to pro¬ 
duce the best results, and the exact amount of the purest linseed oil obtainable, to say 
nothing of the right quantity of the finest tinting colors.” Surely, then, they would 
have their customers believe that the product they are selling them would have as its 
basis white lead. 

There was purchased from this company 1 gallon of paint, put up in two separate 
receptacles—one for the pigment, the other containing the oil. In the can containing 
the pigment there was found 1.71 quarts, and of oil, 1.70 quarts, or a total of 3.41 quarts. 
In other words, then, the gallon was 0.59 of a quart short, and when the two products 
were combined there was actually by weight 10 pounds and 13 ounces, whereas a good 
paint should weigh approximately 16 pounds per gallon. Inasmuch as they charge 
$1.60 per gallon, it seems an exhorbitant price for the oil when the selling price of 
linseed oil is but 40 cents a gallon. Thus in the oil itself there is furnished a nice profit 
of $1.20 to each 40 cents expended for oil. 

The pigment, as received, was found to be made up by weight of 75.6 per cent solids 
and 24.4 fluid. Or when you add the oil as received, the relation of the pigment to the 
vehicle is as 52.4 to 47.6 per cent. This paint would, therefore, be unusually thin, in 
fact, as in the pigment when received, there was already present as much fluid as is 
found in some paints, and of this fluid portion, 24 per cent is in the form of benzine and 
nearly 21 per cent occurs as water. 

The analysis shows that the paint does not contain a trace of white lead. It does, 
however, contain of chalk and barytes 55.26 per cent, and the balancee is mainly zinc 
oxide. 

In the judgment of the writer this is one of the most misleading and deceptive paint 
propositions before the public. 

In the following we give complete results of our examination of the sample of paint 
as purchased directly from the company. 

[Station No. 170: The O. L. Chase Strictly Pure House Paint, Tint No. 946. O. L. Chase, The Paint Man. 

St. Louis, Mo.] * 

“Guarantee. I guarantee the O. L. Chase paint to be the best that money and 
brains can make. I guarantee the O. L. Chase Oilo to be absolutely pure old-fashioned 
linseed oil. I guarantee both to give perfect satisfaction and to outlast any other 
paint. If not all I claim I will refund your money.” 


ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 31 


[Station No. 171: The O. L. Chase Oilo.] 



No. 170. 

No. 171. 

Capacity of can. 

Quarts. 

1.96 

1.71 

Per cent. 
75.60 
24.40 

100.00 

Quarts. 

1.95 

1.70 

Per cent. 

Contents. 

Sample received represents a low-grade linseed oil. 

Pigment by weight. 

Fluid portion by weight. 


Total. 





Net weight: 7 pounds 8 ounces; No. 171, 3 pounds 5 ounces. 


ANALYSIS OF FLUID PORTION. 


Linseed oil. 

Per cent. 
54.94 
24.17 
20.89 

Per cent. 

Benzine drier. 


Water. 


Total.. 


100.00 





ANALYSIS OF PIGMENT. 

Per cent. 


White lead... 0.00 

Lead sulphate. 3.66 

Zinc oxiae. 39.87 

Calcium carbonate... 33.78 

Barytes.-. 21.48 

Color and undertermined.•.... 1.21 


Total. 100.00 


The weight of the paint plus the oils is 10 pounds 13 ounces. The volume of the 
paint plus the oils is 3.41 quarts, or a shortage of about 15 per cent per gallon. 

Per cent. 


Pigment in mixture.'. 52.4 

Vehicle in mixture. 47.6 

Total. 100.00 

The fluid portion of the mixture is composed of— 

Per cent. 

Linseed oil.-. 84.0 

Benzine drier. 8.6 

Water. 7^4 

Total. 100.0 


[Station No. 146: Devoe Lead and Zinc Paint (outside white). F. W. Devoe & Co., Chicago, Ill.] 

Notice .—These paints are strictly pure and are sold subject to chemical analysis. 
Notice .—These paints are made only of pure white lead, pure white zinc, pure 
linseed oil, pure turpentine drier, pure tinting colors, and nothing else. 

Notice .—These paints are strictly full measure. 

Net weight: No. 146, 6 pounds 11 ounces; No. 147, 6 pounds 13 ounces. 

[Station No. 147: Devoe Lead and Zinc Paint, No. 694 Light Lead.] 


Same statement as under No. 146. 



No. 146. 

No. 147. 


Quarts. 

2.00 

1.86 

Per cent. 
56.60 
43.40 

100.00 

Quarts. 

2.00 

1.90 

Per cent. 
56.70 
43.30 

100.00 

















































































32 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC 


ANALYSIS OF FLUID PORTION. 



No. 146. 

No. 147. 

Linseed oil. 

Per cent. 
93.00 
6.40 
.60 

Per cent. 
93.20 
6.20 
.60 

Turpentine drier... 

Water. 

Total. 

100.00 

100.00 



ANALYSIS OF PIGMENT. 


White lead. 

Per cent. 
28. '56 
.62 
70. 43 
.39 

Per cent. 
28.34 
.87 
69.91 
.88 

Lead sulphate. 

Zinc oxide. 

Undetermined, color, etc. 

Total. 

100.00 

100.00 



[Station No. 159: Champion Ready Mixed Paints (outside white). Detroit White Lead Works, Detroit, 

Mich.] 

“This paint is a mixture of white lead and zinc, and we guarantee it to outwear 
pure white lead.” 

[Station No. 169: Champion Ready Mixed Paints (stone color, No. 73).] 

Same statement as under No. 159. 

[Station No. 153: Detroit White Lead Works Liquid Paint (gray B-15).] 

“We guarantee the paint in this can when used according to directions to be fully 
equal to any house paint on earth for spreading, covering, and wearing qualities, and 
we further guarantee it to outwear strictly pure white lead used in the ordinary way 
twice over.’’ 



No. 159. 

No. 169. 

No. 153. 

Capacity of can. 

Quarts. 

1.03 

.99 

Per cent. 
44.90 
55.10 

Quarts. 

1.00 

.90 

Per cent. 
50.10 
49.90 

Quarts. 

1.03 

.95 

Per cent. 
43.20 
56.80 

Contents. 

Fluid portion by weight. 

Pigment by weight. 

Total. 

100.00 

100.00 

100.00 



Net weight: No. 159, 3 pounds; No. 169, 2 pounds 14 ounces; No. 153, 3 pounds 8 ounces. 


ANALYSIS OF FLUID PORTION. 


Linseed oil. 

Per cent. 
72.50 
9.10 
18. 40 

Per cent. 
68.90 
16.10 
15.00 

Per cent. 
75.50 
7.30 
17.20 

Benzine drier. 


Total. 

100.00 

100.00 

100.00 



ANALYSIS OF PIGMENT. 


White lead. 

Per cent. 

Per cent. 
21.73 
.85 
47.89 
21.98 

Per cent. 
26.80 
4. 70 
46.67 
1.26 

Lead sulphate. 

0.89 
53.86 
43. 39 
.73 

Zinc oxide... 

Calcium carbonate. . 

Magnesium carbonate. 

Barytes. r 


19.90 

Clay and silica. 

.60 

.53 

5. 41 
2.14 

Undetermined, color, etc. 

.67 

Total. 

100.00 

100. 00 

100.00 

■■ ——------- 























































































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 33 


Nos.159 and 109 bear statements guaranteeing the paints to be white lead and zinc 
when in reality there is no white lead in No. 159 at all, and in place of being white 
lead and zinc only there is present a large amount of calcium carbonate or chalk and 
other cheapening agents. 

[Station No. 49: Ruchter’s Durable Paint for Buildings—(white). A. A. Eberson & Co., St. Louis, 

Baltimore.] 

No guaranty stated on label. 


Capacity of can 
Contents. 


Pigment. 

Fluid portion 

Total... 


ANALYSIS OF PIGMENT. 


No. 49. 


Quarts. 

1.06 

.97 


Per cent. 
83.90 
16.10 


100.00 


Per cent. 


White lead.. 

Zinc oxide.. 

Calcium carbonate.... 
Magnesium carbonate 
Undetermined.. 


53.00 

45.90 

1.01 

.09 


Total 


100.00 


Net weight: 4 pounds 14 ounces. 


Station No. 55: Noxall Fast Color Paint (outside white). Enterprise Paint Manufacturing Co., Chicago, 

Ill.] 

“Unequalled for fineness and durability.” 

[Station No. 56: Perfecto Mixed Paint (outside white). Enterprise Paint Manufacturing Co.] 

No statement or guaranty given on label. 



No. 55. 

No. 56. 

Cftno/’ft.v of en.n . 

Quarts. 

1.06 

.94 

Per cent. 
58.90 
41.10 

Quarts. 

0.34 
.25 

Per cent. 
59.80 
40.20 

f!rm tents wp.i uh fc . 

PicrmAnt. wpipht. ... 

TPI 11 if] nnrtirm wpiuht . 

Total . 

100.00 

100.00 



Net weight: No. 55, 3 pounds 1 ounce; No. 56, 11.3 ounces. 


ANALYSIS OF FLUID PORTION. 


T JtiqppH oil ... 

Per cent. 
55.00 
28.00 
17.00 

Per cent. 
52.00 
26.00 
22.00 

Volfltilp. nil . 


Total . 

100.00 

100.00 



37414—S. Rep. 546, 61-2-3 
















































34 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


ANALYSIS OF PIGMENT. 



No. 55. 

No. 56. 

White lead. 

Per cent. 
20. 40 

Per cent. 
23.25 

Lead sulphate. 

0. 50 

7.12 

Zinc oxide. 

27.00 

31.80 

Calcium carbonate. 

29.23 

28. 44 

Barium sulphate. 

13.64 

9.18 

Undetermined. 

3.11 

.23 


Total. 

100.00 

100.00 



The above paints were the ones found on the market when the paint law went 
into force, but have been largely replaced by the following: Republic brand. 

[Station No. 118: Republic Brand Prepared Paint (outside white). Enterprise Paint Manufacturing 

Co., Chicago, Ill.] 

“This paint conforms to the North Dakota paint law, by being labelled to contain 
the following ingredients: Pigment, zinc oxide, 55 per cent; sublimed lead, 45 per 
cent. Liquids, linseed oil, 90 per cent; japan dryer, 10 per cent.” 

[Station No. 119: Republic Brand Prepared Paint (tint No. 411).] 

“Guarantee. Pigment. Zinc oxide, 53| per cent; sublimed lead, 46£ per cent, 
together with the necessary coloring matter to produce the desired tint. 

“ Liquids .—Linseed oil, 90 per cent; japan dryer, 10 per cent.” 



No. 118. 

No. 119. 

Capacity of can. 

Quarts. 
4.00 
3.94 

Per cent. 
59.20 
40.80 

Quarts. 
4.00 
3. 86 

Per cent. 
58. 60 
41.40 

Contents. 

Pigment, by weight. 

Fluid portion, by weight.. 

Total. 

100.00 

100.00 



Net weight: No. 118,15 pounds 1 ounce; No. 119,14 pounds 8 ounces. 


ANALYSIS OF FLUID PORTION. 


Linseed oil. 

Per cent. 
90. 40 
9. 50 
.10 

Per cent. 
90. -10 
9. 60 

Japan drier. 


Total. 


100.00 

100.00 



ANALYSIS OF PIGMENT. 


Sublimed lead. 

Per cent. 
45.36 

Per cent. 
46.83 

Lead sulphate. 

33.46 
9.63 
2.27 

35.56 
8.93 
2.34 

Lead oxide. 

Zinc oxide. 

Zinc oxide. 

54.11 

.53 

52.77 
.40 

Undetermined, color, etc. 

Total. 

100.00 

100.00 



[Station No. 40: Gilt Edge House Paint (inside white). Farwell, Ozmun, Kirk & Co., St. Paul, Minn.) 


“Strictly pure.” 

“Gilt Edge House Paints are composed of pure carbonate of lead, oxide of zinc, pure 
linseed oil, and enough turpentine and japan to insure correct drying and working 
qualities. Our outside white contains only lead and zinc for pigment, and is strictly 





























































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 35 


pure. The light tints and other shades contain, as coloring matter, the best oxides, 
ochers and chemically prepared colors to be obtained.” 

The inside white bears a special label, “Don’t use for outside work.” 

[Station No. 112: Gilt Edge House Paint (outside white).] 

Same statement as under No. 40. 


No. 40. 

No. 112. 

Capacity of can. 

Quarts. 

1.04 

.99 

Per cent. 
62.90 
37.10 

Quarts. 

2.06 

2.05 

Per cent. 
63.20 
36.80 

Contents. 

Pigment, by weight. 

Fluid, portion by weight. 

Total. 

100.00 

100.00 



Net weight: No. 40, 3 pounds; No. 112, 8 pounds. 

ANALYSIS OF FLUID PORTION. 


Linseed oil. 

Per cent. 
60.10 
39.90 

Per cent. 
94. 40 
4.50 
1.10 

Turpentine drier. 

Water. 

Total. 


100.00 

100. 00 



ANALYSIS OF PIGMENT. 


White lead. 

Per cent. 

Per cent. 
47. 88 
2. 50 
49. 26 

Lead sulphate. 

2. 57 
65.81 

Zinc oxide. 

Lif.hophone . 

30.79 


Unrinm siilrfhate . 


20. 20 
6.13 
4. 46 


Zinr* snliYhide . 


Zinc oxide. 




.28 

.55 


Undetermined . 

.36 

Total. 

100.00 

100. 00 



[Station No. 168: Albite. Farwell, Ozmun, Kirk & Co., St. Paul, Minn.] 


“Combination white paint in paste form.” 

“The contents of this package consists of sublimed white lead, 60 per cent; standard 
zinc oxide, 20 per cent; barium sulphate, 20 per cent, ground in refined linseed oil. 
It will cover as well and wear longer than any strictly pure white lead made.” 

[Station No. 177: Prepared Parian paint (outside white). Farwell, Ozmun, Kirk & Co.] 

“Parian outside white contains: Pigment, white lead sublimed, 40 per cent; blanc 
fixe, 20 per cent. Liquid, linseed oil, 83 per cent; naphtha, 11 per cent; white japan, 
6 per cent.” 



No. 168. 

No. 177. 


Quarts. 

Quarts. 

0.48 
.48 

Per cent. 
65.00 
35.00 




Per cent. 
91.00 
9.00 



100.00 

100.00 



Net weight: No. 168,15 ounces; No. 177,1 pound 14 ounces. 





































































36 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC 


ANALYSIS OF FLUID PORTION. 



No. 168. 

No. 167. 

T3n<M»Ad nil . 

Per cent. 

Per cent. 
81.10 
17.80 
1.10 

Volatile nil . 




Total. f .i. 



10 .00 




ANALYSIS OF PIGMENT. 


Sublimed lead... . . . 

Per cent. 
58.73 
21.49 
19.78 

Per cent. 
36.85 
42.03 
21.12 

Zinc oxide. . 

Barium sulphate. 

Total. 

100.00 

100.00 



[Station No. 158: Golden Rule Cottage Colors (tint E 508). St. Paul, Minn.] 

“Unequalled for 6neness and durability.” 



No. 158. 

Capacity of can. 

Quarts. 

1.03 

.91 

Per cent. 
59.60 
40.40 


Pigment bv weight. 

Fluid portion by weight. 

Total. 

100.00 


Net weight: No. 158, 3 pounds 1 ounce. 

ANALYSIS OF FLUID PORTION. 


Linseed oil... 
Benzine drier. 
Water. 


Per cent. 
63. 40 
16.10 
20.50 


Total 


100.00 


ANALYSIS OF PIGMENT. 


White lead.. 

Lead sulphate_ 

Zinc oxide.. 

Calcium carbonate 
Barytes and silica. 
Color. 


Per cent. 


11.58 
38.69 
42.06 
7.06 
.61 


Total 


100.00 


This paint shows a high per cent of fluid, and 36 per cent of this fluid is in the form 
of water and benzine adulterants, while one-half of the pigment is in the form of chalk 
and barytes, but contains no white lead. 































































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 37 


[Station No. 123: Town and Country Ready Mixed Paint (outside white). Harrison Bros. & Co., 

Philadelphia, Pa.] 

“Beware of adulterated oils and turpentine; they will ruin any paint.” 

[Station No. 114: Town and Country Ready Mixed Paint, Tint No. 74.] 


“Beware of adulterated oils and turpentine; they will ruin any paint.” 



No. 123. 

No. 114. 

Capacity of can. 

Quarts. 

1.06 

1.00 

Per cent. 
62.70 
37.30 

Quarts. 

1.06 

1.00 

Per cent. 
67.10 
42.90 

Contents. 

Pigment by weight. 

Fluid portion by weight. 

Total. 

100.00 

100.00 


Net weight: No. 123, 3 pounds 14 ounces; No. 114, 3 pounds 10 ounces. 

ANALYSIS OF FLUID PORTION. 


Linseed oil. 

Per cent. 
81.00 
9.00 
10.00 

Per cent. 
70.30 
11.10 
18.60 

Turpentine and japan. 

Water.7. 

Total. 

100.00 

100.00 



ANALYSIS OF PIGMENT. 


White lead. 

Per cent. 
48.99 
.51 
49.63 

Per cent. 
44.13 
.98 
47.57 
1.21 
3.70 
2.41 

T.parl snlnhatfi. 

Zinc oxide. 

Palpinm parhnnat.fi. 



TTndfit.prmlnfid. color, etc. 

.87 

Total. 

100.00 

100.00 



The paints as reported upon above have been replaced by the producers by paints 
of a composition like the following: 


[Station No. 180: Harrison’s Town and Country Paint (outside white). Harrison Bros. & Co. (Incor¬ 
porated), Philadelphia.] 

“One-half gallon U. S. standard measure.” 

“The base of this paint is composed of 50 per cent basic lead carbonate (white lead), 
50 per cent zinc oxide. The thinning vehicle is composed of 88.34 per cent linseed oil, 
9.23 per cent turpentine and japan drier, 2.43 per cent water.” 

[Station No. 181: Harrison’s Town and Country Taint, Tint No. 70.] 

Base, 50 per cent basic lead carbonate (white lead), 50 per cent zinc oxide; thinning 
vehicle, 87.76 linseed oil, 10.10 per cent turpentine and japan drier, 2.14 per cent of 
water. 



No. 180. 

No. 181. 


Quarts. 

2.07 

Quarts. 

4.12 


1.99 

3.92 

Piomonf hv wpip^ht. ..... 

Per cent. 
63.20 

Per cent. 
60.00 

’Fluirl TAnrtinr. hv wpiuhl t. .. 

36.80 

40.00 




Total . 

100.00 

100.00 

\ 




Net weight: No. 180, 7 pounds 12 ounces; No. 181, 15 pounds. 




























































38 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC 


ANALYSIS OF FLUID PORTION. 



No. 180. 

No. 181. 

Linseed oil. 

Per cent. 
88.60 
8.80 
2.60 

Per cent. 
88.10 
9.80 
2.10 

Turpentine and drier . . . 

Water. 

Total. 

100.00 

100.00 



ANALYSIS OF PIGMENT. 


White lead. 

Per cent. 
50.18 
.68 
48.78 
.36 

Per cent. 
49.12 
.46 
49.69 
.73 

Lead sulphate. 

Zinc oxide. 

Undetermined, color, etc. 

Total. 

100.00 

100.00 



[Station No. 43: Best Prepared Paint (outside white). Heath & Milligan Manufacturing Co., Chicago, 

Ill.] 

No guarantee given on label. 

[Station No. 108: Best Prepared Paint, Pearl Gray.] 

[Station No. 160: Best Prepared Paint, French Grey.] 

“The white base in tints where white is used is composed of— 

White lead: 

Per cent. 


White lead. 19.26 

Lead sulphide. 19.16 


38. 42 

Zinc oxide. 46. 58 

Barium sulphate.•. 10. 00 

Calcium carbonate. 5. 00 


Total. 100.00 

“The thinning vehicle is composed of— 

Per cent. 

Linseed oil.. 91. 78 

Turpentine and japan drier. 6. 38 

Water. 1. 84 


Total. 100.00 


“The tints are obtained by the use of necessary coloring matter. 
“March 1, 1906.” 



No. 43. 

No. 108. 

No. 160. 

Capacity of can. 

Quarts. 

1.06 

1.01 

Per cent. 
63.57 
36.43 

Quarts. 

2.06 

1.98 

Per cent. 
61.30 
38. 70 

Quarts. 

1.06 

1.05 

Per cent. 
61.80 
38.20 

Contents. 

Pigment by weight. 

Fluid portion by weight. 

Total. 

100.00 

100.00 

100.00 


Net weight: No. 43, 4 pounds 2 ounces; No. 108, 7 pounds, 13 ounces; No. 160, 4 pounds. 





















































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 39 


ANALYSIS OF FLUID PORTION. 



No. 43. 

No. 108. 

No. 160. 

Linseed oil. 

Per cent. 
89.55 
9.70 
.75 

Per cent. 
90.90 
7.30 
1.80 

Per cent. 
90.60 
7.40 
2.00 

Turpentine and japan drier®. 

Water.... 

Total. 

100.00 

100.00 

100.00 



ANALYSIS OF PIGMENT. 


White lead. 

Per cent, 
b 43.45 

Per cent. 
19.03 
11.62 
41.55 
8.40 
17.62 
1.78 

Per cent. 
16.64 
13.48 
39.80 
10.68 
18.93 
.47 

Lead sulphate. 

Zinc oxide. 

45.75 
10.39 

Calcium carbonate. 

Barium sulphate. 

Undetermined, color, etc. 

.41 

Total. 

100.00 

100.00 

100.00 



a About equal parts turpentine and benzine. b Includes both white and lead sulphate. 


(Station No. 84: High Standard Liquid Paint (outside white). The Lowe Bros., Dayton, Ohio.] 

Requisites for a High Standard house paint: Covering power, spreading capacity, 
durability, wearing evenly, failing by gradual wear; leaving a good surface for 
repainting. 

The contents of this package will fulfill these requirements and will produce the 
best results obtainable, when fairly applied to a surface in a fit condition to receive 
paint. 

[Station No. 113: High Standard Liquid Paint (pure gray).] 



No. 84. 

No. 113. 

C.smapit.v of oan. 

Quarts. 

1.13 

Quarts. 

2.10 

fY»n fpn t_<a .*. 

1.03 

2.03 

# 

Per cent. 

Per cent. 

Picnnpnt. hv weipht. 

67.30 

57. 80 

TPIniri nnrtion hv weight... 

32.70 

42.20 

Total . 

100.00 

100.00 





Net weight: No. 81, 3 pounds 15 ounces; No. 113, 7 pounds 9 ounces. 


ANALYSIS OF FLUID PORTION. 



Per cent. 
83.00 
16.80 
.20 

Per cent. 
82.60 
17.20 
.20 



Total . 

100.00 

100.00 



ANALYSIS OF PIGMENT. 


WHi t p lpflri . 

Per cent. 
43.82 

Per cent. 
41.65 



1.04 


43.29 

39.81 


2.80 

5.81 


5.63 

7.64 


1.58 

.98 


2.18 

2. 44 


.70 

.63 




Total . 

100. 00 

100.00 

---*------- 




a Silica, alumina, and magnesia probably in combination representing a natural earth product. 
b About 1 part turpentine to 2 parts benzine. 








































































40 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC 


[Station No. 105: Tinted Gloss Paint (outside white). John Lucas A Co., New York.] 

“Guaranteed standard measure, pure oil.” 

“Beautiful, durable, reliable, elastic.” 


No. 105. 


Capacity of can 
Contents. 


Quarts. 

1.08 

.93 


Pigment by weight. 

Fluid portion by weight 

Total.. 


Per cent. 
63.10 
36.90 


100.00 


Net weight: 3 pounds 4 ounces. 

ANALYSIS OF FLUID PORTION. 


Linseed oil. 

Per cent. 
89.60 
10.10 
.30 

Drier. 

Water. 

Total. 

100.00 


ANALYSIS OF PIGMENT^ 

White lead. 

Per cent. 
21.56 
1.09 
49.25 
1.80 

Lead sulphate. 

Zinc oxide. 

Calcium carbonate. 

Clav and magnesium silicate. 

25.87 

Silica. 

14.19 

6.15 

3.70 

1.83 

Alumina. 

Magnesia. 

Comb, water. 

Undetermined. 

.43 

• 

Total. 

100.00 



[Station No. 71: House Paint (outside white). Minnesota Linseed Oil and Paint Co., Minneapolis, Minn.] 


Strictly pure paint, consisting only of pure carbonate of lead. Pure oxide of zinc, 
pure tinting colors. Carefully mixed and thoroughly ground in our own pure linseed 
oil, pure tupentine and pure turpentine driers. Put up in full measure and sold 
subject to chemical analysis. 

[Station No. 135: House Paint. Tint No. 18.] 

Same statement as under No. 71. 


; No. 71. 

? 

No. 135. 

Capacity of can. 

Quarts. 
2.11 
2.05 
Per cent. 
65. 40 
34.60 

Quarts. 
4.06 
4.01 
Per cent. 
65.80 
34.20 

Contents. 

Pigment, by weight. 

Fluid portion, by weight. 

Total. 

100.00 

100.00 



Net weight: No. 71, 8 pounds 2 ounces; No. 135, 16 pounds 3 ounces. 




























































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 41 


ANALYSIS OF FLUID PORTION. 



No. 71. 

No. 135. 

Linseed oil. 

Per cent. 
95.60 
4.40 

Per cent. 
90.40 
9.40 
.20 

Turpentine drier. 


Total. . 


100.00 

100.00 



ANALYSIS OF PIGMENT. 


White lead. 

Per cent. 
43.47 

Per cent. 
49.53 
.44 
49.64 
.39 

I,ead sulphate. 

Zinc oxide. 

56.09 

.44 

Undetermined, color, etc. 

Total. 

100.00 

100.00 



[Station No. 66: Tower Brand Mixed Paint (outside white). Montgomery, Ward & Co., Chicago, Ill.] 
[Station No. 185: Tower Brand Mixed Paint (lead color, No. 37). Montgomery, Ward & Co., Chicago, Ill.) 



No. 66. 

No. 185. 

Capacity nf can. .-. 

Quarts. 

1.03 

.95 

Per cent. 
64.80 
35.20 

100.00 

Quarts. 

1.91 

1.82 

Per cent. 
58.90 
41.10 

100.00 

Contents . 

Picmient. hv weight,. 

Fluid Dortion. bv weight. 

Total . 



Net weight: No. 66, 3 pounds 10 ounces; No. 185, 6 pounds 14 ounces. 


ANALYSIS OF FLUID PORTION. 


Vpgp.tuhlp. oil a . 

Per cent.. 
84.50 
6.40 
9.10 

Per cent. 
80.20 
8.50 
11.30 

RpnT.inA dripr . 


• 

Total . . 

100.00 

100.00 



ANALYSIS OF PIGMENT. 



Per cent. 

Per cent. 


80. 28 



39.26 

34.20 

5.39 

19.90 

1.25 






19.08 

.64 


• 

100.00 

100.00 



a Apparently a low-grade linseed oil. 


These paints are short measure, contain a large amount of water and benzine, no 
white lead, and are about one-fourth chalk and barytes. 






































































42 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 

[Station No. 57: Favorite House Paint (outside white). John Masury & Son, New York and Chicago.] 

Label bears no guarantee. 


Can capacity 
Contents.... 


Pigment by weight. 

Fluid portion by weight 

Total. 


No. 57. 


Quarts. 

0.27 

.22 

Per cent. 
54.30 
45.70 


100.00 


Net weight, 14.3 ounces. 

ANALYSIS OF FLUID PORTION. 


Linseed oil 
Volatile oil 
Water. 


Per cent. 
97.90 
2.10 


Total 


100.00 


ANALYSIS OF PIGMENT. 


Per cent. 


White lead 
Lead sulphate, 
Zinz oxide.... 

Barytes.. 

Silica.. 

Undetermined 


4.29 
60.94 
33.32 
1.18 
.27 


Total 


100.00 


[Station No. 102: Horse Shoe Brand Prepared Paint (French gray No. 867). Mound City Paint and 

Color Co., St. Louis, Mo.] 

Guarantee. We guarantee this paint to be made wholly of strictly pure white lead, 
strictly pure oxide of zinc, strictly pure linseed oil, strictly pure turpentine japan, 
or the color necessary to produce this shade, and that it contains no adulterating or 
cheapening material whatsoever. It is sold subject to chemical analysis. 

[Station No. 149: Horse Shoe Brand Prepared Paint (outside white).] 

Same statement as on above can. 



No. 102. 

No. 149. 

Capacity of can. 

Quarts. 

1.05 

1.00 

i*cr cent. 
60.00 
40.00 

Quarts. 

2.03 

1.88 

Per cent. 
64.30 
35.70 

Contents. 

Pigment by weight. 

Fluid portion by weight. 

Total. 

100.00 

100.00 



Net weight: No. 102, 3 pounds 12 ounces; No. 149, 7 pounds 12 ounces. 


ANALYSIS OF VEHICLE. 


Linseed oil. 

Per cent. 
84.90 
12.80 
2.30 

Per cent. 
86.00 
13.70 
.30 

Turpentine drier. 


Total. 

100.00 

100.00 































































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 43 


ANALYSIS OF PIGMENT. 



No. 102. 

No. 149. 

White lead. 

Per cent. 
30.25 
5.07 
64.07 
.61 

Per cent. 
34.81 
5.41 
59.21 
.57 

Lead sulphate. 

Zinc oxide. 

Undetermined color, etc. 

Total. 

100.00 

100.00 



[Station No. 174: Gold Medal Ready Mixed Paints. Tint No. 135. Morrison Paint Co.] 

The address of the manufacturers is not given on this can. As shown in the analysis, 
however, 45 per cent of the fluid is water and benzine and nearly one-half of the pigment 
is in the form of calcium carbonate and barytes and no white* lead whatever. 



No. 174. 

Capacity of can. 

Quarts. 

1.06 


1.00 

Pigment by weight. 

Per cent. 
60. 70 

Fluid portion by weight. 

39.30 

Total. 

100.00 



Net weight: 3 pounds 8 ounces. 

ANALYSIS OF VEHICLE. 


Linseed oil... 
Benzine drier 
Water.. 


Per cent. 
5(5.90 
20.00 
22. 50 


Total 


100.00 


ANALYSIS OF PIGMENT. 


Per cent. 


White lead 


Lead sulphate- 

Zinc oxide.. 

Calcium carbonate 
Barytes and silica. 
Color.. 


18.13 
34.04 
41.09 
6.20 
.54 


Total 


100.00 


[Station No. 88: N. B. & C. St. Paul Paint. (Prepared outside white.) 

Cutler, St. Paul, Minn.] 


“One quart.” 


Manufactured for Noyes Bros. & 


[Station No. 151: N. B. & C. St. Paul Paint. (Prepared outside white.)] 


“Half gallon.” 

“In tints with a white base the base is composed of lead carbonate. 25 per cent; zinc 
oxide (leaded), 50per cent; silicate of magnesia, 12£ per cent; barium sulphate, 12£ 
per cent. The thinning vehicle is composed of linseed oil, 85.88 per cent; water, 2.73 
per cent; turpentine and japan drier, 11.3 per cent. The tints are obtained by the 
addition of the necessary coloring matter. 



No. 88. 

No. 151. 


Quarts. 

1.01 

.96 

Per cent. 
62.60 
37.40 

Quarts. 

2.04 

1.95 

Per cent. 
63.00 
37.00 





100.00 

100.00 



Net weight: No. 88, 3 pounds 11 ounces; No. 151, 7 pounds 8 ounces. 







































































44 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC 


ANALYSIS OF VEHICLE. 



1 No. 88. 

No. 151. 

Linseed oil. 

Per cent. 
72.10 
17.60 
10.30 

Per cent. 
85.70 

a 10.80 
3.50 

Turpentine drier. 

W ater. 

Total. 

100.00 

100.00 


ANALYSIS OF PIGMENT. 

White lead. 

Lead sulphate. 

Zinc oxiae. 

Magnesium silicate. 

Per cent. 
33.57 
7.18 
41.45 
6.45 

Per cent. 
30.91 
9.78 
42.17 
6.27 

9.93 

9.98 

Silica. 

6.77 
3.16 


Magnesium oxide. 


Combined water and undetermined. 

. Total. 


1.42 

0.89 

100.00 

100.00 


a Contains considerable benzine. 


It should be stated that paint like No. 151 is on sale in the State at the present time 
and not like No. 88. 

[Station No. 144: Patton’s Sun-Proof Liquid Paint. Outside white. Patton Paint Co., Milwaukee, Wis.l 

“The base of this paint is white lead, 39 per cent; zinc oxide, 50 per cent; silica, 
11 per cent. The thinners—linseed oil, 91 per cent; turpentine dryer, 9 per cent. 

[Station No. 145: Patton’s Sun-Proof Liquid Paint. Light gray.] 

“The white base of this paint where white is used is white lead, 39 per cent; zinc 
oxide, 50 per cent; silica, 11 per cent. Together with the necessary coloring matter. 
The thinners—linseed oil, 90 per cent; turpentine and driers, 10 per cent.” 



No. 144. 

No. 145. 

• 

Capacity of can. 

Quarts. 

1.05 

.99 

Per cent. 
65.60 

24.40 

Quarts. 

1.05 

.99 

Per cent. 
62.10 
37 on 

Contents. 

Pigment by weight. 

Fluid portion by weight. 

Total. 


100 . 00 

100.00 


Net weight: No. 144, 4 pounds 4 ounces; No. 145, 3 pounds 15 ounces. 

ANALYSIS OF VEHICLE. 

Linseed oil. 

Per cent. 
90. 70 
9.20 
.10 

Per cent. 
90.10 
9.80 
.10 

Turpentine and dryer. 


Total. 

100. CO 

100.00 


ANALYSIS OF PIGMENT. 

White lead.. 

Lead sulphate. 

Per cent. 
40.23 
2.55 
47.75 
4.07 
4.37 
.64 
.39 

Per cent. 
39.31 
2.60 
47.52 
4.21 
5.05 
.59 
.72 

Zinc oxide. 

Calcium carbonate. 


Magnesium carbonate. 

Undetermined, color, etc. 

Total. 

100.00 

100.00 






















































































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 45 


The manufacturer states that the carbonates and silica are in the form of native 
silicates as used in the process of paint making. The product, however, can not be 
considered as commercially pure. 

[Station No. 50. B. P. S. Paint (outside gloss white). The Patterson Sargent Co., Cleveland, Ohio.] 
“Best paint sold.” 

“The B. P. S. paint is not a patent or chemical paint, but is composed only of pure 
Old Dutch Process carbonate of lead and oxide of zinc, or the necessary coloring pig¬ 
ments, pure old process linseed oil, and the very best japan, and contains no adultera¬ 
tion whatever.” 


[Station No. 61: B. P. S 4s Paint (outside gloss white).1 
Same statement as above on can. 

[Station No. 152: B. P. S. Paint. Olive gray 245.) 

“One quart.” 

Same statement as above on can. 



No. 50. 

No. 61. 

No. 152. 

Capacity of can. 

Quarts. 

0.30 
.23 

Per cent. 
63.40 
36.60 

Quarts. 

1.06 

.99 

Per cent. 
63.20 
36.80 

Quarts. 

1.06 

.97 

Per cent. 
54.90 
45.10 

Contents. 

Pigment by weight. 

Fluid portion by weight. 

Total. 

100.00 

100.00 

100.00 

r 


Net weight: No. 50, 14 ounces; No. 61, 3 pounds 13 ounces; No. 152, 3 pounds 11 ounces. 

ANALYSIS OF VEHICLE. 


Linseed oil. 

Per cent. 
97.10 
2.00 
.90 

Per cent. 
97.00 
2.00 
1.00 

Per cent. 
83.90 
0 14.90 
1.20 

Japan drier. 

Water. 

Total. 

100.00 

100.00 

100.00 



ANALYSIS OF PIGMENT. 


White lead. 

Per cent. 
54.61 

Per cent. 
50.52 

Per cent. 
33.98 

T ,eaH sulphate..*. 

.00 

2.84 

Zinc oxide. 

45.09 

46.06 

41.80 

Silica . 

.00 

3.18 

6.94 

Cfdejnm carbonate. 

12.14 

Magnesium oxide and alumina. 



1.39 

TTnHetprmine.fi . color, etc ...... 

.30 

.24 

.91 


Total . 

100.00 

100.00 

100.00 



a About 75 per cent turpentine. 


In 152 the presence of 21.38 per cent of the pigment, as silica, magnesia, alumina, 
and undetermined matter, would not indicate that the product was wholly as repre¬ 
sented, an ocher, employed to secure the desired tint. The iron constitutes only a 
part of the undetermined matter and was exceedingly small, while the high per 
cent of lime carbonate is sufficient to condemn the product as being in no way a true 
ocher. Such a paint must be labeled to comply with the law. 

parker’s perfect paint. 

The “Parker’s Perfect Paint” is very extensively advertised and, like the Chase 
Paint, emanates from St. Louis. The Company claims to produce paint made to 
order for each and every job. They lay a great deal of emphasis on the fact that 
paint should not be adulterated. 









































4G ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


In a pamphlet entitled “The Paint that Parker Makes” they say: “You know that 
some flour has adulterations in it—that some flour will be mildewed—and that other 
flour will be clean, pure, wholesome, and nutritious. And there is just as much 

difference in paint. . 

“But, of course, the dealer would like to have you believe his old slopped-up 
mixture of cheap materials is just as good as the paint that is made from the purest 
and best materials and made by the most expert paint makers in the world. 

“And Parker’s Perfect is that paint—it’s made from the best and freshest materials 
that it’s possible to obtain; it has no adulteration in it—it’s made to last, and stand 
up under the liberal selling plan under which it is sold.” 

They further say in the same pamphlet: “In the first place Parker’s Perfect Paint 
is fresh paint, made-to-order paint, manufactured out of the purest, freshest materials 
under my own formula, ground and thoroughly assimilated in heavy grinding and 
mixing machines. 

“Pure linseed oil is added to the pigment in correct proportion according to the 
number of coats for which the paint is to be used.” 

They further say, on page 19: “Parker’s Perfect White Paint is made of absolutely 
pure ingredients, pure white lead, zinc white, and other minerals, and pure old- 
fashioned linseed oil, mixed in absolutely the right proportions to produce a perfect 
white—a lasting white. 

“It is made after your order is received, made for you; therefore it is always 
fresh when you receive it, and retains all its life, its lasting power.” 

In order that the reader may know just what their method of advertising is I repro¬ 
duce a page from one of the leading magazines, as follows: 

Parker Perfect Paint Company. 

I sold the paint for that house for $13.75. 

Let me tell you what the paint for your house will cost. 

Ten years’ guaranty—six months’ time to pay. 

First let me tell you my price on the paint to do the work—not by the gallon, but 
for the entire job. 

Then let me send you all the paint you need, freight prepaid. Use it on your build¬ 
ings—use it all. 

Then stand off and take a long look at it. If the paint is as represented—if it is 
entirely satisfactory—pay me the price I have put on it, either in cash or on six months’ 
time. If the paint is not satisfactory, keep it free—without any cost whatever. 

Now, I don’t want you to pay me any money in advance. I don’t want you to 
send me a cent on deposit. 

I simply ask you to test the paint in the most liberal way you ever heard of. 

I have a large paint factory. I have been making paint for many years. In all 
my paint experience I have never seen a paint nor heard of a paint that was anywhere 
near as good as my Parker’s Perfect Paint. 

That’s the reason why I sell it on my Parker test plan. 

Now, most ready-mixed paint that you buy at the store has water in it. It has to 
have. It wouldn’t keep if it didn’t. 

Another thing. Mineral paint pigment and linseed oil fight each other when they 
are in a can together. 

No canned paint is fresh paint—any more than canned corn can be fresh corn. 

I make my Parker’s Perfect Paint especially for the job of painting to be done. 
It’s fresh when you get it. For two-coat work I give you a certain body, for three- 
coat work another body, and so on, so that the paint you get will be made especially 
to your order and for the exact number of coats that you want to put on. 

Parker’s Perfect Paint is made from pure material. 

The pigment is my own formula, containing pure white lead, zinc, coloring matter, 
drier, etc. The linseed oil is the best that money can buy. 

Selling paint by the job, and not by the gallon^ protects you. 

I tell you exactly how much it will cost to do your painting in any number of coats, 
and I guarantee you will have some paint left over. 

Don’t guess at the amount of paint you need. 

In my new paint book I tell you just what I will charge you for the paint for your 
buildings—for the entire job—and I guarantee to furnish you at that price all the 
paint you need for the work. 

Now, no matter where you think of buying your paint you ought to write to me to 
find out how much a big paint manufacturer would charge you for the complete job. 
It will post you on what you ought to pay. 


ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 47 

When you write, I will send you my paint book “The Paint that Parker Makes.” 
It tells the balance of this paint story, and gives you a full line of colors to select from. 
My paint is guaranteed for ten years, and, if you wish, I will allow you six months' 
time to pay for it. 

It’s this way. This is the fairest paint offer you ever heard of. My paint is the 
best paint on the market. You can take no risk in buving of me—in my way. I 
leave it all in your hands to decide. 

If I didn’t know my paint to be good, surely I would not dare to sell it this way. 
It’s reasonable to believe that I must be making the best paint in the world to make 
such an offer as this—now, isn’t that so? 

Write for my paint book at once—to-day. 

This offer, you see, will crowd my factory to its utmost. So you should write for 
the paint book without delay. Address, The President, Parker Perfect Paint Com¬ 
pany, 501 South Seventh street, St. Louis, Mo. 

The reader will note that they emphasize the fact that Parker’s Perfect Paint is 
made from pure materials. They specifically say in this advertisement: “The pig¬ 
ment is my own formula, containing pure white lead, zinc, coloring matter, dryer, 
etc. The linseed oil is the best that money can buy.” 

Our analysis for this product is shown in the following: 


[Station No. 167. “Made for You” House Paint, Tint No. 540. The Parker Perfect Paint Co., St. Louis, 

Mo.] 



No. 167. 

Capacity of can.. 

Quarts. 

3.37 

Contents. 

2.42 

Pigment by weight. 

Per cent. 
67.10 

Fluid portion by weight. 

32.90 

Total. 

100.00 



Net weight: 9 pounds 9 ounces. 


ANALYSIS OF VEHICLE. 


Linseed oil a . 
Benzine drier 
Water. 


Per cent. 
83.9 
4.3 
11.8 


Total 


100.00 


ANALYSIS OF PIGMENT. 


Lead sulphate. 

Zinc oxide. 

Calcium carbonate. 

Barium sulphate. 

Undetermined, color, etc 


Per cent. 
4.. 73 
24.34 
4.47 
66. 26 
.20 


Total 


100.00 


a A very poor grade of oil. 

In the first place the size of can, like that of all catalogue houses, is an odd one; 
instead of being a normal one holding full 4 quarts the capacity of the can is in reality 
3.37 quarts. One has a right to infer that he is purchasing a paint made of pure white 
lead, zinc, coloring matter, etc. Now, unless “etc.” is to be considered as an essential 
constituent in the paint, the statements made by the manufacturer in both his adver¬ 
tisement and the pamphlet are absolutely false and misleading. They are appartenly 
intended to deceive the public. For, in reality, there is no white lead present, zinc 
oxide constitutes but one-fourth of the pigment, while two-thirds of this product is 
barytes costing not to exceed three-fourths of a cent per pound. The drier is benzine, 
and the fluid portion contains 11.8 per cent of added water. In other words, we should 
say from beginning to end this is 7 another of the big frauds in the paint industry, and 































48 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC 


the public has a right to know of the character of such goods, and the manufacturer 
should be prosecuted for the false claims which have been set up. 

(Station No. 175: Ajax Prepared Paint (outside white). Peninsular Paint and Varnish Company, 

Detroit, Mich.] 


“Durable Economical.” 


X 



No. 175. 

Capacity of can. 

Quarts. 

2.06 


2.03 

Total. 

100.00 

Pigment bv weight. 

Per cent. 
61.50 

Fluid portion by weight. 

38.50 

Total. 

100.00 



Net weight, 7 pounds 6 ounces. 

ANALYSIS OF VEHICLE. 


Linseed oil... 
Benzine drier 
Water. 

Total... 


Per cent. 
79.50 
11.20 
9.30 


100.00 


ANALYSIS OF PIGMENT. 


White lead. 

Lead sulphate. 

Zinc oxide.. 

Calcium carbonate 
Barytes and silica. 
Undetermined.... 

Total. 


[Station No. 9: Peoples’ Prepared Paint.] 


Per cent. 
25.94 
11.39 
41.17 
9.58 
11.01 

^ 

100.00 


I 


Outside white ready mixed for use. Manufacturer not given. 


No. 9. 


T 


Capacity of can 
Contents. 


- ■ 

Quarts. 

0.30 
.23 


Fluid portion not pure linseed oil. 
Net weight, 13.5 ounces. 


ANALYSIS OF PIGMENT. 


I 


Lead calculated as white lead 

Zinc oxide.... 

Calcium carbonate. 


Gypsum . 
Silica, etc 


Per cent. 
2.27 
44.44 
11.54 
40.62 
1.13 


Total 


100.00 






















































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 49 

[Station No. 173: Pitkin’s Premium Paint, Light Stone Gray, No. 914. Geo. W. Pitkin Co., Chicago.] 

“We guarantee the contents of this package, when used according to directions, 
under proper conditions, to wear longer than any mixture of lead and oil and not to 
chalk, crack, or peel off. If it fails to be as we represent, we will furnish new goods 
to repaint free of charge. ” 


Capacity of can 
Contents. 


Pigment by weight. 

Fluid portion by weight 

Total. 


Net weight, 5 pounds 12 ounces. 


ANALYSIS OF VEHICLE. 


No. 173. 


Quarts. 

1.95 

1.86 

Per cent. 
51.80 
48.20 


100.00 


Linseed oil 
Drier a .... 
Water. 


Per cent. 
63.90 
20. 40 
15.70 


Total 


100.00 


ANALYSIS OF PIGMENT. 


Per cent. 


White lead. 

Lead sulphate. 

Zinc oxide. 

Calcium carbonate. 

Silica. 

Color and undetermined 


1.30 
70.68 
1.07 
25.03 
1.92 


Total 


100.00 


o About two-thirds benzine. 


[Station No. 154: Diamond Brand Ready Mixed Paint (outside white). The T. M. Roberts Supply Co., 

Minneapolis, Minn.] 

“First quality.” 


[Station No. 155: Diamond Brand Ready Mixed Paints.] 



No. 154. 

No. 155. 

P.n'nacitv nf can . 

Quarts. 

1.95 

1.75 

Per cent. 
55.10 
44.90 

Quarts. 

1.95 

1.92 

Per cent. 
54. 60 
45. 40 

Onntants ... 

s. 

Pigmpnt. hv wp.ifrht . 

FInirl "nnrt inn hv wpiuht,. 

Total ..... 

100.00 

100.00 



Net weight: No. 154, 5 pounds 11 ounces; No. 155, 6 pounds 3 ounces. 

ANALYSIS OF VEHICLE. 



Per cent. 
57.20 
26. 70 
16.10 

Per cent. 
54. 40 
28.90 
16. 70 



Tntnl . 

100.00 

100.00 



a Not first-grade oil. 


37414—S. Rep. 546, 61-2-4 
































































50 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


ANALYSIS OF PIGMENT. 



No. 154. 

No. 155. 

White lead . 

Per cent. 

Per cent. 

Tyfiftd sulphate . 

3.82 
27. 49 
45. 38 
22.80 

3.11 
24. 67 
40. 07 
22.10 
7.26 
2.79 

Zinc oxide . 

Calcium carbonate. 


C1fl.v and silica . 

Undetermined color, etc. 

.51 

Total. 

100.00 

100.00 



Not only is there short measure but the proportion of fluid to solids is exceptionally 
large and nearly one-half of the fluid is water and benzine, and about 70 per cent of the 
pigment is lime, barytes, and clay. The paint is one of the most inferior examined. 

[Station No. 59: Green Seal House Paint (outside white).] 

Name of manufacturer not given. Can bears no guarantee. 

[Station No. 60: Lion Brand Mixed Paint (outside white). St. Paul White Lead Co., St. Paul, Minn.] 

“ For body this paint is unequalled. Its durability guaranteed.” 

“When properly applied, we guarantee Lion Brand paint to give satisfaction as to 
covering capacity, durability and finish.” 



No. 59. 

No. 60. 

Capacity of can. 

Quarts. 
1.02 
a. 95 

Quarts. 

2.04 
1.94 

Contents. 

Total. 

100.00 

Per cent. 
60.80 
39.20 

100.00 

Per cent. 
61.20 
38.80 

Pigment by weight. 

Fluid portion by weight. 

Total. 

100.00 

100.00 



Net weight: No. 59, 3 pounds 8 ounces; No. 60, 7 pounds. 


ANALYSIS OF FLUID PORTION. 


Vegetable oil. 

Per cent. 
91.80 
4.90 
3.30 

Per cent. 
92.60 
4.10 
3.30 

Volatile oil. 

W ater. 

Total... 

100.00 

100.00 



ANALYSIS OF PIGMENT. 


White lead. 

Per cent. 
21.53 
8.03 
39.13 
11.97 
16.12 
3.08 
.14 

Per cent. 
20.65 
7.76 
41.27 
10.98 
15.84 
3.16 
.34 

Lead sulphate. 

Zinc oxide. 

Calcium carbonate. 

Barium sulphate. 

Silica and alumina (calculated as clay). 

Undetermined. 

i 

Total. 

100.00 

100.00 



a Pint. 


[Station No. 127: Lion Brand Mixed Paint, tint No. 42. St. Paul White Lead Co., St. Paul, Minn.] 

“For body this paint is unequaled. Its durability is guaranteed. It has a fine 
gloss surface.” 

“Lion Brand Paint is a perfectly pure paint, composed only of pure Old Dutch 
Process carbonate of lead, oxide of zinc, or the necessary coloring pigments. Pure 






























































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 51 

Old Process linseed oil and the very best drier, and contains no adulteration 
whatever.” 


[Station No. 17G: Lion Brand Mixed Paint. Outside white.] 



No. 127. 

No. 176. 

Capacity of can. 

Quarts. 

2.06 

1.96 

Per cent. 
59.90 
40.10 

Quarts. 
2.06 
2.01 

Per cent. 
63.80 
36. 20 

Contents... 

Pigment by weight. 

Fluid portion by weight. 

Total. 

100.00 

100.00 



Net weight: No. 127, 7 pounds 5 ounces: No. 176, 8 pounds 4 ounces. 


ANALYSIS OF VEHICLE. 


Linseed oil. 

Per cent. 
93.40 
6.40 
.20 

Per cent. 
91.90 
7.00 
1.10 

Drier o. 

W ater. 

Total. 

100.00 

100.00 


ANALYSIS OF PIGMENT. 


White lead. 

Per cent. 
43.09 
2.13 
54.48 
.30 

Per cent. 
49.47 
.12 
50.18 
.23- 

Lead sulphate. 

Zinc oxide. 

Undetermined color, etc. 

Total. 

100.00 

100.00 



a About two-thirds turpentine and one-third benzine. 


The company claim to have purchased the drier for a pure turpentine product and 
guarantee that this shall be true of their paints. 

[Station No. 87: S. W. P. Paint, Gloss White for Outside Use. The Sherwin-Williams Co.] 

Guaranty. “We guarantee that this paint, when properly used, will not crack, 
flake, or chalk off, and will cover more surface, work better, wear longer, and per¬ 
manently look better than other paints, including pure lead and oil. 

“We hereby agree to forfeit the value of the paint and the cost of applying it if 
in any instance it is not found as above represented.” 

[Station No. 109: S. W. P. Paint, Tint No. 351.] 

Same guaranty as above. 


[Station No. 128: S. W. P. Paint, Tint No. 484 (dark green).] 



No. 87. 

No. 109. 

No. 128. 


Quarts. 

2.04 

2.00 

Per cent. 
62.60 
37.40 

Quarts. 

2.04 

1.98 

Per cent. 
54.90 
45.10 

Quarts. 

1.03 

.99 

Per cent. 
63.00 
37.00 



T?lnfH T\r»rtmn hv wpI uVlt. . 


100.00 

100.00 

100.00 



Net weight: No. 87, 8 pounds 1 ounce; No. 109, 6 pounds 12 ounces; No. 128, 4 pounds 1 ounce. 























































52 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


ANALYSIS OF VEHICLE. 



No. 87. 

No. 109. 

No. 128. 

Linseed oil. 

Per cent. 
80.00 
12. (>0 
1.40 

Per cent. 
84.70 
13.80 
1.50 

Per cent. 
87.20 
17.50 
4.30 

Turpentine drier. 


Total. 

100.00 

100.00 

100.00 



ANALYSIS OF PIGMENT. 


White lead. 

Per cent. 
44.08 
4.62 
41.41 
4.59 
5.30 

Per cent. 
27.29 
4.39 
50.94 
7.10 
6.94 
3.34 

Per cent. 

$ 

(«) 

(o) 

(“) 

O) 

Lead sulphate. 

Zinc oxide. 

Calcium carbonate. 

Magnesium silicate. 

Color. 

Total. 


100.00 

100.00 

(o) 



a Consists of color precipitated on an inert base. 


[Station No. 38: Monarch Mixed Paint (outside white). Senour Manufacturing Co., Chicago, Ill.] 

Guarantee: The contents of this package is composed of linseed oil, turpentine, lead, 
and zinc, and we guarantee it to be an absolutely pure paint, free from benzine, water, 
or alkalies of any kind and to give satisfaction in every instance where directions are 
followed. 

[Station No. 137: Monarch Mixed Paint (outside white).] 

One hundred per cent pure. Guarantee same as No. 140. 


• 

No. 38. 

No. 137. 

Capacity of can. 

Quarts. 

0.30 
.24 

Per cent. 
62.80 
37.20 

Quarts. 

2.06 
1.95 

Per cent. 
58.70 
41.30 

Contents. 

Pigment by weight. 

Fluid portion by weight. 

Total. 

100.00 

100.00 



Net weight: No. 38,14.2 ounces; No. 137, 7 pounds. 


ANALYSIS OF VEHICLE. 


Linseed oil. 

Per cent. 
77.90 
22.10 

Per cent. 
93.10 
6.80 
.10 

Turpentine drier. 


Total. 


100.00 

100.00 



ANALYSIS OF PIGMENT. 


White lead. 

Per cent. 
18.84 

Per cent. 
28.17 
.32 
71.24 
.27 

Lead sulphate. 

Zinc oxide. 

80.45 

.71 

Undetermined . 

Total. 

100.00 

100.00 



[Station No. 140: Monarch Mixed Paint, Light Drab, No. 504. Senour Manufacturing Co., Chicago, Ill.] 

One hundred per cent pure. 

Guaranty. “We guarantee our Monarch Paint (excepting a few dark shades that 
can not be prepared from lead and zinc alone) to be composed of pure white lead 
pure oxide of zinc, pure linseed oil, pure color and turpentine drier; to be free from 












































































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 53 


benzine, water, or alkalies, and to give satisfaction in every instance where directions 
are followed.” 


[Station No. 172: Monarch Mixed Paint, Olive Gray, No. 544.] 

One hundred per cent pure. Guaranty same as No. 140. 



No. 140. 

No. 172. 

Capacity of can. 

Quarts. 

2.06 

1.93 

Quarts. 

1.03 

.96 

Contents. 

Total. 

100.00 

Per cent. 
56. eo 
43.40 

100.00 

Per cent. 
55.40 
44.60 

Pigment by weight. 

Fluid portion by weight. 

Total. 

100.00 

100.00 



Net weight: No. 140,6 pounds 6 ounces; No. 172,3 pounds 7 ounces. 


ANALYSIS OF VEHICLE. 


Linseed oil. 

Per cent. 
92. 90 
7.00 
1.0 

Per cent. 
91.90 
7.80 
3.0 

Turpentine drier. 

W ater. 

Total. 

100.00 

100.00 



ANALYSIS OF PIGMENT. 


White lead. 

Per cent. 
26.57 
.78 
62.34 
10.31 
5.56 
3.02 
1.73 

Per cent. 
39.11 
.39 
57.88 
2.62 

Lead sulphate. 

Zinc oxide. 

Color. 

Clay and silica. 

Iron oxide. 


Carbon and undetermined. 


Total. 


100.00 

100.00 



The Senour Company, through its president, recently gave notice that all paint 
from their house would be in strict conformity with the North Dakota paint law and 
would thereafter be made on a basis of 50 per cent white lead and 50 per cent zinc oxide 
and pure colors. 

[Station No. 48: Seroco Ready Mixed Paint (outside white). Seroco Paint Manufacturing Co., Chicago. 

Obtained from Sears, Roebuck & Co., Chicago. 

“We guarantee our paint to wear for five years if these directions (given on label) 
are carefully followed.” 

[Station No. 183: Seroco Ready Mixed Paint, Tint No. 201 (gray).] 

“We guarantee our mixed paints to wear five years if the directions are carefully 
followed.” 



No. 48. 

No. 183. 

Pcinnuit v of nan . . 

Quarts. 

1.01 

.96 

Per cent. 
63.10 
36.90 

Quarts. 

1.95 

1.70 

Per cent. 
57.80 
42.20 

Cnn t.pn t.s _ ..-.... 

Plormpnt. hv wpicOit . 

"FlniH nnrtinn hv wptohfc .. 

TOtal .... 

100.00 

100.00 



Net weight: No. 48, 3 pounds 2 ounces; No. 183, 5 pounds 10 ounces. 
























































54 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


ANALYSIS OF VEHICLE. 



No. 84. 

No. 183. 

Vpcrpt.fthlp nil a _ . 

Per cent. 
72.20 
3.80 
24.00 

Per cent. 
77.90 
7.00 
14.50 

TCpnzinp dripr .. 


Total . 

100.00 

100.00 



ANALYSIS OF PIGMENT. 


Whit.p lpa.fi b . 

Per cent. 
13.85 

Per cent. 

T .pad snlnhat.p . 


14.23 

Zinr* mrifip . 

34.88 

37.57 

Cnlniiim oarhnnatp . 

26.84 

41.70 

"Rfl.ryt.ps anfi silina . 

23.10 

6.10 

TTnn pf.prminpd rolor. pl,o .. 

1.33 

.40 

Total . 

100.00 

100.00 





a Apparently low-grade linseed oil. 6 Lead calculated to white lead. 


[Station No. 63: Stearns’s Paint (outside white). Made and guaranteed by Stearns Paint Manufacturing 

Company, Davenport, Iowa.] 

We guarantee the Steams Anchor Brand Paint to be made of the following material, 
either carbonate of lead and zinc white, or such coloring and pigment as we deem neces¬ 
sary to produce desired shades, finely ground and tested raw linseed oil, turpentine, 
and a very slight proportion of coach japan, and we hereby guarantee to pay $100 in 
gold in any case where the contrary can be proven. 


Capacity of can. 

Contents. 

Pigment by weight. 

Fluid portion by weight 

Total. 


Net weight: 3 pounds 15 ounces. 


ANALYSIS OF PIGMENT. 


No. 63. 


Quarts. 
1.04 
. .98 

Per cent. 
63.80 
36.20 


100.00 


White lead.... 
Lead sulphate. 

Zinc oxide_ 

Undetermined 


Per cent. 
38.73 
3.89 
56.75 
.63 


Total 


100.00 


[Station No. 150: Gold Medal Mixed Paint, Tint W-17 (blue). F. W. Woolworth & Co.] 

“This paint is suitable for inside or outside work. The colors are always uniform, 
and in covering and wearing capacity it is unexcelled.” 

The contents of this package are as follows: 

Vehicle: Linseed oil, 63 per cent; japan drier, 24 per cent; water, 13 per cent. 
Pigments: Leaded zinc, 48 per cent; calcium carbonate, 42 per cent; barytes, 10 
per cent; together with the necessary coloring matter to produce the desired tint. 




















































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


55 


No. 1.50. 


Quarts. 

Capacity of can. 0.33 

Contents. .28 

I Per cent. 

Pigment by weight.. 57.00 

Fluid portion by weight. i . i 43.00 


Total. 100.00 


Net weight, 14.5 ounces. 

ANALYSIS OF VEHICLE. 


Linseed oil... 
Benzine drier 
Water. 


Per cent. 
GO. 40 
25.70 
13.90 


Total 


100.00 


ANALYSIS OF VEHICLE. 


Linseed oil 
Volatile oil 
Water. 


Per cent. 
91.80 
5. 40 
2.80 1 


Total 


100.00 


ANALYSIS OF PIGMENT. 


Per cent. 


White lead 


Lead sulphate. 

Zinc oxide.. 

Calcium carbonate 
Barium sulphate.. 
Color a.. 


17.77 
33.58 
39.88 
6. 40 
2.37 


Total 


100.00 


aLargely organic, soluble in petroleum ether. 


The above paint is an exceedingly inferior product in its physical make up as well 
as in composition. 

[Station No. 67: Star Brand Mixed Paint (outside white). United States Paint Co., Chicago, Ill.] 

Sample bought from Montgomery Ward & Co. 

[Station No. 184: Star Brand Mixed Paint, Tint 37, Lead Color.] 



No. 67. 

No. 184. 


Quarts. 

1.05 

1.01 

Per cent. 
55.40 
44.60 

Quarts. 

1.94 

1.76 

Pei cent. 
59.20 
40.80 





100.00 

100.00 



Net weight: No. 67, 3 pounds 3 ounces; No. 184, 6 pounds 4 ounces. 






























































50 


ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC 


ANALYSIS OF VEHICLE. 



No. 67. 

No. 184. 

Vegetable oil«. 

Per cent. 

64.50 

17.50 
18.00 

Per cent. 
79.50 
6.80 
13.70 

Benzine drier. 


Total. 

100.00 

100.00 



ANALYSIS OF PIGMENTS. 


White lead. 

Per cent. 
15.24 

Per cent. 

Lead sulphate. . 

3.77 

26.07 

Zinc oxide. 

39.25 

24. 01 

Calcium carbonate. 

28.45 

' 40.97 

Magnesium carbonate. 

3.15 

Barium sulphate. 

8.55 

<.66 

Silica. 

.98 

Undetermined, color, etc. 

.61 

1.29 


Total. 

100.00 

100.00 



a Apparently a very low grade of linseed oil. 

Letters addressed to the United States Paint Company, Chicago, are returned to 
the writer, showing that no such firm is known to the postal authorities. The above 
paints are very similar to the others purchased through Montgomery Ward & Co. 


Table showing contents per gallon and per cent of shortage , by volume. 


Sta¬ 

tion 

No. 

Brand. 

Character. 

Vehicle. 

Weight 

per 

gallon. 

Shortage 

of 

contents. 

Excess 
volume of 
contents. 




Per cent. 

Pounds. 

Per cent. 

Per cent. 

62 

Acme Household Paint. 

White. 

71. 7 

14.14 


4.0 

116 

New Era Paint. 


32.6 

16.40 


117 

.do. 

Tint. 

41.7 

14.14 

1 5 


165 

Armstrong’s Mixed Paint. 

White. 

34.4 

15. 66 

5.5 


166 

.do. 

Tint. 

42.8 

12.00 

13 0 


106 

Atlas Paint. 


45.9 

14. 00 

1.0 


125 


.do. 

45.2 

14.12 

6.0 

41 

“N. W.” Mixed Paint. 

White. 

37.9 

13.40 

11 0 

86 

.do. 

Tint. 

38.0 

15. 80 

2 0 


148 

.do. 


43.1 

13. 80 

4 0 


122 

Crown Cottage Colors. 

White. 

43.0 

15. 00 

1 2 


121 

.do. 

Tint. 

44.1 

14. 50 

1.5 


142 

Breinig’s L. S. Paint. 

White. 

17.5 

20. 40 

6 0 


170 

O. L. Chase. 

Tint. 

47. 6 

10.13 

14 8 


159 

Champion Ready Mixed Paint. 

White. 

44.9 

12.00 

1. 0 


169 

.do. 

Tint. 

50.1 

11. 80 

10 0 


153 

Detroit W. L. W’s. Liquid Paint.... 


43.2 

14.00 

5 0 


146 

Devoe’s Lead and Zinc~Paint. 

White. 

43.4 

13.60 

7. 0 


147 

.do. 

Tint. 

43. 3 

13.10 

5 0 


49 

Ruchter’s Durable Paint. 

White. 

16.1 

19. 80 

3 0 


55 

Noxall Mixed Paint. 


41.1 

12. 40 

6.0 


56 

Perfecto Mixed Paint. 


40.2 

11. 50 


118 

Republic Brand Mixed Paint. 


40.8 

15. 10 

1 5 


119 

.do. 

Tint. 

41. 4 

14 80 

3 5 


40 

Gilt Edge House Paint. 

Inside white.... 

37.1 

12.00 

1.0 


112 

.do. 

Outside white 

36. 8 

16 00 

2.5 

177 

Prepared Parian Paint. 

White. 

35.0 

15.00 

4 0 

158 

Golden Rule Paint. 

Tint. 

40. 4 

12. 40 

9.0 


123 

Town and Country Mixed Paint. 

White. 

37.3 

15.80 


114 


Tint. 

42.9 

14 80 



180 

.do. 

White. 

36. 8 

15 80 



181 

.do. 

Tint. 

40. 0 

15 00 

2.0 


43 

Best Prepared Paint. 

White. 

36. 4 

16 80 

1.0 

108 

.do. 

Tint. 

38. 7 

15 10 

1.0 

160 

.do. 


38. 2 

16 00 

£ n 

84 

High Standard Liquid Paint. 

White. 

32. 7 

15 12 


o. u 
q n 

113 

.do. 

Tint. 

42. 2 

15 20 


1.5 

105 

Tinted Gloss Paint. 

White. 

36. 9 

13 00 

7.0 

71 

House Paint, Minnesota. 


34.6 

16 40 

9 ^ 

135 

_do. 

Tint. 

34 2 

16 30 


o 

66 

Tower Brand Mixed Paint. 

White. 

35.2 

14. 80 

5 0 

. L 

185 


Tint. 

41 1 

13 12 

Q O 


57 

Favorite House Paint. 

White. 

45. 7 

14. 50 

12.0 


102 

Horse Shoe Prepared Paint. 

Tint. 

40.0 

14.12 


149 

.do. 

White. 

35.7 

15.80 

6.0 






































































































































































































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 57 
Table showing contents per gallon andz>er cent of shortage , by volume —Continued. 


Sta¬ 

tion 

No. 


174 
88 

151 

144 

145 
50 
61 

152 
167 

175 
9 

173 

154 

155 

59 

60 

176 
127 

87 

109 

38 

137 

140 

172 

48 

183 
67 

184 
150 


Brand. 

Character. 

Vehicle. 

W eight 
per 
gallon. 

Shortage 

of 

contents. 

Excess 

volume of 
contents. 

Gold Medal Mixed Paint. 

Tint. 

Per cent. 

39.3 

37.4 
37.0 

34.4 
37.9 
36.6 

36.8 
45.1 

32.9 

38.5 

Pounds. 

14.00 

14.12 
15.00 
17.00 

15.12 
14.00 

15.40 

14.12 
9.90 

14.12 

13.80 

11.80 
11.60 
12.60 
14.00 
14.00 
16.80 
14.10 
16.20 

13.80 
14. 30 
14.00 

12.12 

13.12 

12.80 

11.40 

12.12 
12.8Q 
10.14 

Per cent. 

Per ce nt. 

“N. B. & C.” St. Paul Paint. 

White. 

4.0 

2.5 

1.0 

1.0 

12.0 

1.0 

3.0 

39.5 


.do. 



Patton's Sun-Proof Paint. 



.do. 

Tint. 


B. P. S. Paint. 

White. 





.do. 

Tint.... 


“Made for You” Paint. 



Ajax Brand. 

White. 

1.5 

Peonies Paint. 

.do. 

8.0 

7.0 

2.5 

4.0 

5.0 

3.0 

Pitkin’s Premium Paint. 

Tint. 

48.2 
44.9 

45.4 

39.2 

38.8 

36.2 

40.1 

37.4 

45.1 

37.2 

41.3 

43.4 
44.6 

36.9 
42.2 

44.6 

40.7 
43.0 


Diamond Brand Mixed Paint. 

White. 


.do. 

Tint. 


Green Seal House Paint. 

White. 


Lion Brand Mixed Paint. 

.do. 


.do. 


0.5 

.do. 

Tint. 

2.0 

Sherwin Williams Paint. 

White. 


.do. 

Tint . 

1.0 

4.0 

2.5 

3.5 
4.0 
4.0 

15.0 


Monarch Brand Mixed Paint. 

Inside white.... 
White. 


.do. 


.do. 

Tint. 


.do. 

.. .do. 


Seroco Brand Mixed Paint. 

White. 


.do. 

Tint. 


Star Brand Mixed Paint. 

White. 

1.0 

.do. 

Tint. 

12.0 

15.0 

Gold Medal Mixed Paint. 

.do. 






The Chairman. Will you please point out the things that you think are important 
in that and let a reference be directed to them? It is most important that the record 
should be as brief as possible. 

Mr. Dewar. Yes, s.r. I also present Doctor Ladd’s Bulletin No. 86, which goes 
into a later investigation—in fact, it is just issued—on the condition of paint as found 
in the eastern market, and we find in it mixed paint containing as high as 39 per cent 
water in place of linseed oil, which is the life of the paint. What does that amount of 
water mean? What does over 5 per cent of water—what does over 3 per cent of water— 
mean in a mixed paint? It means that it is taking the place of the life of that paint 
and it will permit the moisture from the rain and the snow to enter into that paint and 
shortly it will break away and wash away. Why? Because there is no binding 
property in the water; it is vitiated; it becomes dissipated, and there we have a paint 
that we buy in the market. The agriculturists all over the United States use it largely, 
the mixed paint. The farming industry all over the United States uses the mixed 
paint, and that is what we are here against. In this book it also shows that there is 
as high as 100 per cent adulteration in the mixed paints. 

Senator Oliver. Where do they get the rest? 

Mr. Dewar. It is all adulterants; there is no rest to it. In six months there will be 
nothing left of it. It is gone. 

Bulletin No. 86 referred to is as follows: 

[Bulletin No. 86. Experiment Station of North Dakota.] 

SOME READY-MIXED PAINTS. 

By E. F. Ladd and G. A. Abbott. 

For a number of years the department of chemistry has made it a point to examine 
the chemical composition and character of the paints found upon the market, and in 
1905, acting under the instructions of Director J. H. Worst, the department began 
a systematic study, not only to determine the composition of paints, paint producing 
materials, white leads, oils and varnishes, but also in making certain practical, tests 
in the application and use of paints under known conditions and under such conditions 
as are met with in the painting of buildings. This work has been continued through¬ 
out the entire period and the experiments as outlined will probably cover five or six ' 
years more of time. 






















































































































58 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


We have examined and tested paints found not only upon the market in North 
Dakota, but have gathered samples from other parts of the country and even imported 
from Europe in order that we might gain a better knowledge of the character of paints 
as used in all parts of the country. Three bulletins, Nos. 67, 70, and 81 have already 
been published giving information with regard to paints, as well as some data pre¬ 
sented in our annual reports. 

When the paint law was enacted in North Dakota in 1905, we found our State flooded 
with paints of very inferior character, and many of the better classes of paints were 
being driven from "the market. Catalogue-house paints and paints produced by many 
agencies handling cheap paints and selling direct to the consumer were in general 
use. There was a great deal of complaint with regard to the character of the paint 
then sold. The enforcement of the paint law has done much to change this condition, 
and to-day probably no State in the Union has as high-grade paints on its markets as 
are to be found in North Dakota, although our state law does not bar the sale of any 
class of paint when it is truthfully labeled. The manufacturer of the “dope” paint 
has been obliged either to withdraw from the State or produce a better article.. 

It has been repeatedly said, since our paint law went in force, that practically all 
the bad paints were being made in the West, and it is true that those given in Bulle¬ 
tins Nos. 67 and 70 were Western paints in the main, but at that time we had made 
no examinations of Eastern paints. Manufacturers of mixed paints in the East have 
fought the enactment of paint laws and insisted that it would work a hardship upon 
them to be obliged to give away the formula of their paints, which had taken a life¬ 
time to work out and develop; that there was no necessity for paint laws in the Eastern 
States, as was the case in the new West, where unscrupulous manufacturers had taken 
advantage of the people to place inferior products upon the market. This did not seem 
creditable, and being confronted with a statement of this kind when in Washington 
to appear before a committee of Congress giving a hearing with regard to a national 
paint law, the writer decided that he would take up various paints representing 
Eastern manufacturers, examine them, and find out whether or not the West was 
the home of the “dope” paint, or whether the East was equally afflicted with this 
evil. 

If we compare the results as given in this bulletin with those given in Bulletin No. 
70, we shall find that at no time have there been paints of so low grade and so adul¬ 
terated produced and sold in the West as are to be found in the Eastern States. In 
the judgment of the writer, if the West stood in need of a law to protect the people 
against adulterated paints, deception, and fraud, the East likewise needs the same 
protection. The consuming public are entitled to such protection and for their 
benefit we give the analyses of the various paints which have been gathered under 
the direction of the North Dakota Agricultural Experiment Station as representing 
certain types of paint produced in the East. Not all of the paints are to be included 
in the “dope” class, for we have taken those paints which have come to us through 
the process of gathering, including the paints of certain Western manufacturers which 
had not previously been reported upon. 

Most of the analyses have been made by Doctor Abbott; a few were made by my 
former assistant, Professor Ilolley, and two or three of the analyses were made by the 
late Professor Wood. 

In the analyses as given, the term “lead sulphate ” occurs; undoubtedly, the product 
used in some instances, but not in all cases, was sublimated lead. Some of the manu¬ 
facturers have protested that certain ingredients found in their paints were not used 
by them, but they have not been able to show that the commercial products employed 
are chemically pure; in other words, that they did not contain foreign ingredients 
in the case of, for example, asbestine, or in the case of magnesium silicate. It is un¬ 
doubtedly true that some of the silica was not in combined form to be classed as be¬ 
longing to the mineral constituent, of which it is supposed to be a part. 

There has been complaint at times that too large a proportion of water has been 
found, and that the method of analysis employed must have been such as to decom¬ 
pose and set free the water of crystallization. Such a thing might be possible under 
antiquated methods of analysis, but certainly not under the methods as employed in 
this laboratory, where only the water in the liquid portion of the paint is taken into 
account. Whatever may have been considered as water of crystallization has remained 
as such combined with the pigment. Several of the paints contained water far in ex¬ 
cess of anything that was found in paints previously analyzed and reported in Bulletin 
No. 70, while the proportion of benzine was often large. 

While there has been a great deal said of late with regard to benzine as a substitute 
for turpentine, in the opinion of the writer benzine is no substitute for turpentine 
and should not be so considered. It may become necessary to make use of benzine 
in cheaper paints, but in our experiments thus far conducted, it has shown itself vastly 
inferior to the turpentine ordinarily used in paints. 


ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 59 

The time has come when the people are demanding that they have truthful informa¬ 
tion with regard to what each paint is composed of, and they are willing to pay for what 
they receive. This, we believe, is as true for the eastern consumer as for the western 
consumer, who has become more familiar with the composition of paints. No honest 
manufacturer has anything to fear from putting a label upon his paint; and unless 
the manufacturer is mislead, if he opposes paint legislation requiring the percentage 
composition to be shown, you may rest assured that he has something somewhere to 
cover up which he does not care to have the general public know about. 

The argument which has so often been put forth that the label formula is giving 
away secrets is not true, for there is not a large paint manufacturer in the country 
who does not already know the composition of his competitors’ paint, and the con¬ 
suming public are fast becoming familiar with the ingredients used in the manufacture 
of paint and the difference between adulterants, cheapeners, and paint ingredients. 

The Eastern Paint Manufacturers’ Association, at a meeting held in New York, are 
reported to have considered the matter of paint legislation, and after considerable 
discussion to have unanimously adopted the following resolutions: 

11 Resolved, That, after a year’s trial, experience, and expense in opposition to 
formula labeling legislation, we hereby reaffirm our position of a year ago to the effect 
that we believe that such legislation is pernicious and unjust to the trade generally; 
and be it further 

“ Resolved, That we will continue to oppose such legislation. 

“Resolved, That, in order to secure a more uniform practice in the trade in reference 
to weights and measures, and also to guard against misrepresentation, this association 
goes on record as favoring a law, both State and national, requiring net weights and 
full measures and providing against misbranding and mislabeling.” 

From this we are to infer that the eastern manufacturers do not care to have the 
public know of what their paints are composed. They admit that short weights and 
measures have been a prevalent practice in the past, and, since the abuses have 
become so great and to their inconvenience, they desire the State and nation to regu¬ 
late this feature through law. They would also provide against misbranding and 
mislabeling; that is, they would not allow a man to call his paint “white lead” when 
in reality it was made of barytes, zinc, chalk, etc. They would, however, allow him 
to adopt a name for his paint, such as “Jones Standard White,” put in all the inert 
material of any kind or character he might choose, dope it with benzine, load it down 
with water, as some of them have been doing and are still doing, and leave the public 
in ignorance of the facts. In other words, they would correct those evils which are 
bothering them, but would afford no protection to the consumer of their paints. If 
these manufacturers believe that the public is going to permit such practices to con¬ 
tinue long without interference on their part, they have misread the signs of the time. 
If we are to judge by the letters received from some of these eastern manufacturers, 
however, it is more than likely that some of them, before any legislation is enacted, 
desire to change their formulas, gradually get rid of the “dope” paints which they 
have made, and get them off the market. Others, more indifferent to the demands 
of the public, would continue the practices which they have followed in the past by 
defrauding the public, and in this way largely driving from the market all of the 
reputable paints, for no honest manufacturer can hope to compete with one whose 
paint is largely composed of inert material and adulterants, and the liquid part of 
which is composed of from 40 to 50 per cent of water and benzine. 

As one looks over the analyses given in the following pages, it will be observed 
that a large number of paints contain considerable in excess of 10 or 15 per cent of 
inert material. While there are manufacturers who have maintained that 5 per 
cent of inert material is of advantage in mixed paints, since it tends to correct the 
acidity in the oil or other paint ingredients, thus preventing deterioration of the oil, 
it can not be said that these large proportions are necessary for this purpose or that 
they are used for any other purpose than to reduce the cost of the paint. It is hard, 
however, to follow the logic of such arguments and to harmonize these with known 
chemical facts. More often it may be truthfully said that they are used as adulterants, 
and when used in connection with water and benzine they may be safely classed 
as such. 

The department has felt that water, not to exceed 2 per cent in the liquid portion 
of the paint, is not necessarily to be considered as a serious adulterant, but when 
more than this amount is used the question may be asked what the reason is for 
incorporating it in the paint vehicle. 


GO ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


BRANDS OF PAINT HAVING 15 PER CENT AND OVER OF INERT MATERIAL. 

In the following table we have arranged a list of those paints containing more than 
15 per cent of what is usually termed as “inert material.” We have not included 
white lead, lead sulphate (sublimed lead), zinc oxide, color, or undetermined matter; 
all other ingredients in the pigment have been classed as inert material. We have 
not, however, mentioned those brands of paint which carry large quantities of benzine 
and water and which, to a considerable extent, in cheapening paints may be said 
to take the place of the inert material in the pigment, so far as barytes and chalk are 
concerned. 

We have therefore arranged in order of per cent all those brands of paints where 
the amount of inert material is in excess of 15 per cent. 


Sta¬ 

tion 

No. 

Brand. 

Per cent. 

482 

Cottage Colors, Hammonds' Paint Works. 

16.82 

512 

Gloss Paints, Lucas & Co. 

16.91 

509 

.do. 

17.13 

477 

.do... 

21.97 

513 

.do.. 

23.31 

326 

Rogers’ Best Ready-Mixed Paints, Grey. 

25.28 

488 

Highland Mixed Paint, Highland Color Co. 

26.12 

325 

Rogers’ Best Ready-Mixed Paint, White. 

27.75 

475 

Shawmut Mixed Paint, Briggs & Co. 

29.54 

476 

Moore’s House Color.. 1_77. 

29.59 

474 

Derby Mixed Paint, Prince Paint Co. 

32.20 

484 

Queen Anne, W. Shelling. 

32.62 

485 

Shawmut Outside, John Briggs & Co. 

33. 49 

501 

Standard Mixed Paint, Woolsey Paint and Color Co. 

33.93 

381 

Ruchter’s Durable Paint..*. 

37.69 

496 

Shawmut Mixed Paints, Briggs & Co. 

45.52 

502 

National Mixed Paint, National White Lead and Color Co. 

46.07 

404 

Chase’s Ready-to-Use Paint. 

49.32 

473 

Commercial Mixed Paint, A. E. White & Co. 

50.85 

479 

Body White, General Lead Co. 

54.77 

499 

Metropolitan Brand, Metropolitan Paint Co. 

55.89 

495 

Queen Anne Paint, Hoffman Co. 

56. 70 

489 

Iveroid Liquid Colors, Iveroid Paint Co. 

58.23 

509 

Metropolitan Paint, Metropolitan Paint and Varnish Co. 

59.78 

61.87 

494 

Iveroid Liquid Colors, Iveroid Mixed PaiDt Co. 

492 

Derby Mixed Paint, Prince Paint Co. 

67.20 

76.75 

100.00 

100.00 

491 

Highland Mixed Paint, Highland Color Co. 

327 

Powder Paint, A. L. Rice... 

409 

Mephisto Barn Paint. 



In Bulletin No. 67 we quoted from a number of paint manufacturers with regard 
to the use of adulterants in the vehicle, or liquid portion, of the paint; and very 
generally they condemned the use of water. In summing up, we said: 

“We have quoted from the paint men themselves in order to show that those who 
have spoken upon the subject condemn the use of substitutes for linseed oil. These 
paint men say that they will not be responsible for the results if anything but pure 
linseed oil is used in reducing paints.” 

If this is true, then why should the paint men dope their paint with water, alkali, 
etc.? In other words, if w^ater and alkali are not good enough for the consumer to use, 
why should the paint man use these constituents in their manufacture? If water and 
alkali constitute a fraud, why should not the public know it and have an opportunity 
to judge of the character of the paint they desire to use? 

Many of the paints mentioned in this bulletin were found to contain benzine in an 
unusually large proportion. Considering only the water for the time being, arranging 
the paints in the order of the proportion of water contained in the vehicle, excluding 
all below 5 per cent, we have as follows: 








































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 61 


Sta¬ 

tion 

No. 

Brand. 

Per cent. 

325 

Rogers’ Best Ready-Mixed, White. 

5.24 
7.34 
8.20 
9.06 
9.75 
10.21 
13.52 

17.87 
20.32 
22.09 
23. 94 
25.16 
30.41 
36.75 

36.87 
39.51 

475 

Shawmut Mixed Paint. 

501 

Standard Mixed Paint. 

476 

Moore’s House Colors. 

326 

Rogers’ Best Ready-Mixed, Grey. 

326A 

Rogers’ Best Ready-Mixed. 

496 

Shawmut Mixed Paint. 

484 

Queen Anne, White. 

490 

Iveroid Liquid Colors. . . 

495 

Queen Anne Paint. 

494 

Iveroid Liquid Colors. 

474 

Derby Mixed Paints. 

492 


508 

Ingersoll’s Liquid Rubber Paint. 

478 

^ . 

409 

Mephisto Barn Paint. 




It will thus be observed that of the paints so far examined, 16 of them contain water 
in excess of 5 per cent and that several of the paints run above 30 per cent, or even as 
high as 40 per cent, of the liquid portion. 

The paint vehicle which contains 39.51 per cent of water also contains 40.87 per 
cent of benzine, and even the remaining 19.62 per cent of oil is not to be classed as 
pure linseed oil. 

Is it any wonder, then, that the farmers, who have been the largest users of these 
mixed paints, have complained of the character of the same? Is it any wonder, even 
where a good grade of paint and linseed oil have been used over a dope such as we have 
described, that the results have not been satisfactory? We must not blame the paint 
applied unless we know that the paint previously used was of good quality and left a 
foundation on which a good paint could stand. 

As fast as the analyses were completed for the various paints and paint products 
reported upon in this bulletin, the results of the analyses were submitted to the manu¬ 
facturers, so far as their names and addresses were known to this department. In some 
instances no reply was received, indicating that there was nothing to be said by the 
manufacturer with regard to the results of our findings. In other cases the manu¬ 
facturers replied, and it will be interesting to consider some of the statements made, 
especially in the light of the analyses and further correspondence with the parties. 
For obvious reasons it has not seemed best to give the names of the correspondents, 
but to quote from their letters which are on file in my office. 

One manufacturer says: 

“It is very evident that the sample of paint referred to was manufactured and sold 
previous to January 1, 1909. Goods manufactured since that date carry an entirely 

different label. You will no doubt understand that-paint is our second grade. 

We would like to ask if you have ever examined a sample of our best grade of 
prepared paint.” 

It is very evident, therefore, that they manufacture products varying in quality, 
for the same brand of paint we found to contain very different proportions of various 
ingredients, including water. 

One would expect that a paint made by a firm with a name like the National White 
Lead and Color Company would have at least as a basis a considerable portion of white 
lead, but reference to sample No. 502 clearly indicates that no white lead was used in 
the preparation of the paint, and that benzine entered to a considerable extent into 
the vehicle. 

One manufacturer objected to the analyses, and stated that the dry pigment in his 
paint contained 25 per cent of carbonate of lead, and if there was any benzine it was 
a small trace that comes from the liquid dryer, which is practically a pure turpentine 
dryer. He stated that they use calcium sulphate, but no calcium carbonate. 

Now, as a matter of fact, the paint contained no white lead, about 20 per cent of 
lead sulphate, and over 8 per cent of water. * It also contained 12 per cent of calcium 
carbonate as against less than 9 per cent of gypsum. Replying to the manufacturer, 
I stated: 

“Possibly you have changed your formula and this might account for such dis¬ 
crepancies. I might say, however, that I have an analysis of your paint made by 
another chemist in the East, and he reports lead sulphate 14 per cent, whereas you 
say you use nothing but white lead.” 




























62 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


A reexamination of the paint bore out the findings of the first analysis, and inasmuch 
as no reply was received from the manufacturer, it is assumed that he does not care 
to offer further evidence on these disputed points. 

Says another manufacturer in reply to our report: 

“Without presuming to question your duties in your position, we are at a loss to 
understand why you should have occasion to examine our paint, and also to publish 

your findings, when the-paint is not offered for sale, nor is ever likely to be 

offered for sale, in North Dakota. 

“To publish your findings at this time when, in order to be in line for any legislation 
that may come in the East similar to your State, we have started in to eliminate what 
you call ‘objectionable properties’ and make paint more in line with pure paints, 
seems hardly a fair proposition.” 

This paint was found to contain 30 per cent of water. It is little wonder, then, that 
the manufacturer desired to revise his formula before the public became familiar with 
the ingredients entering into its makeup. The paint was also short in measure. 

Another manufacturer, in commenting upon the analysis, stated that the can must 
have been mislabeled, and submitted a formula, concerning which they say: 

“This formula differs from the one we used last year only in that w T e have substi¬ 
tuted carbonate of lead for sulphate of lead. This will indicate that our paint is made 
from one-third carbonate of lead, one-third oxide of zinc, and one-third gypsum or 
calcium sulphate, fully hydrated and mixed in strictly pure linseed oil, and no water 
whatever.” 

A reexamination of their paint showed but slightly different results from the first 
analysis. There was present in the vehicle 9 per cent or more of water. They further 
state that they can not see how we get calcium carbonate, as they use only calcium 
sulphate. Nevertheless, the product is not a pure ingredient, and there is present 
about one-third of the lime as carbonate and two-thirds as sulphate. 

Since the other manufacturers made no reply to the reports submitted, it is to be 
assumed that they have no criticism to make. As stated elsewhere, there is no address 
given for the paint manufactured by the Highland Color Company, and thus far we 
have not been able to trace this product to any manufacturer. 

Since the above was written, correspondence has developed to show that Wads¬ 
worth, Howland & Co., Boston, Mass., are the makers. 

[Lab. No. 325. Rogers’s Best Mixed Paint, Outside White. Detroit White Lead Works.] 

Guarantee: 50 per cent white lead (one-half carbonate, one-half sulphate), 25 per 
cent white zinc (oxide), 25 per cent blanc fixe (sulphate of barium). 

Thinners: 84 per cent linseed oil, 4 per cent linsolene (mostly water), 12 per cent 
drier (turpentine and naphtha). 

Analysis showed this product to contain: 



No. 325. 

Capacity of can. 

Quarts. 

1.08 

.99 

Per cent. 
36.12 
63.88 

Contents of can. 

Vehicle. 

Pigment. 

Total. 

100.00 


Net weight: 4 pounds 7 ounces. 

ANALYSIS OF VEHICLE. 

Linseed oil. 

Per cent. 
82.41 
ol2.35 
5.24 



Total. 

100.00 


a Turpentine, 42 parts; benzine, 58 parts. 
































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 63 

ANALYSIS OB' PIGMENT. 


. 

No. t:.i. 

White lead. 

Lead sulphate (sublimed lead). 

Lead oxide. 

Zinc oxide. 

Calcium carbonate. 

Barium sulphate. 

Undetermined. 

Per cent. 
23.27 

21. 71 
4.01 

27. IS 
.57 

22. 98 
.28 

Total. 

100.00 


[Lab. No. 326. Rogers’s Best Ready Mixed Paint, Grey B-15.] 

Guarantee: The white base in tints where white is used is composed of: 50 per 
cent white lead (one-lialf carbonate, one-half sulphate), 25 per cent white zinc (oxide), 
25 per cent blanc fixe (sulphate of barium); total, 100 per cent. 

Thinners: 88.79 per cent linseed oil, 3.34 per cent linsolene (mostly water), 7.87 
per cent dryer (turpentine and naphtha). 

The analysis of this product showed as follows: 



No. 326. 

Capacity of can. 

Contents of can. 

Quarts. 
1.08 
.98 
Per cent. 

Pigment. 

Vehicle. 

57.00 
43.00 

Total. 

100. 01 


Net weight, 3 pounds 8 ounces. 

ANALYSIS OF VEHICLE. 


Linseed oil. 

Per cent. 
82.20 
a 8. 0a 
9. 75 

Total . 

100.00 




ANALYSIS OF PIGMENT. 


White lead. 

Lead sulphate (sublimed lead).. 

Lead oxide. 

Zinc oxide. 

Calcium carbonate... 

Barium sulphate. 

Color and undetermined. 

Per cent. 
23.31 
19. 0t> 
5.98 
25. 94 
3.21 
22.07 
.43 

Total. 

100.00 


a Turpentine 22 per cent, benzine 78 per cent. 

Manufacturers claim that only 4.5 per cent of water is used, and give a sworn state¬ 
ment on this point. 

In order to test further the question as to the amount of water present, a second 
sample was procured and marked “Lab. No. 326A,” for the purpose of determining 
the amount of the several constituents in the vehicle, with results as follows: 

ANALYSIS OF VEHICLE. 



No. 326. 

/ 

Per cent. 
82. 66 
7. 13 
10.21 

100.00 


Total 








































































64 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 

It will thus be observed that the per cent of water is found higher in the second 
sample than in the one previously examined. It is therefore assumed, since the 
methods employed for the determination of the water present have shown very satis¬ 
factory results, that the analysis truly represents the water content of the liquid 
portion of the paint. 

[Lab. No. 327. Powder Paint, Red Tint. Manufactured by A. L. Rice, Adams, N. Y.] 
Sample was submitted for analysis. 

Per cent. 


Moisture and combined water. 5. 74 

Nitrogeneous matter (like casein). 14. 59 

Color (mainly iron, Fe 2 0 3 ). 19. 26 

Soluble alumina, A1 2 0 3 . 1. 24 

Lime sulphate. 21. 53 

Lime, CaO. 7. 60 

Magnesia, MgO.. 8.74 

Alumina, insoluble, Al 2 0 3 a . .65 

Silica, Si0 2 . 20. 65 


Total. 100. 00 


Some tests made with this paint gave indications as follows: 

When mixed with water the paint settles in a few minutes to a hard, cement-like 
substance. When applied over a wood surface, gives a coating rather permeable 
to water, and hence would be apt to disintegrate rapidly. Being very strongly alka¬ 
line, if applied over a previously painted surface would be apt to cause peeling from 
the reaction on the old paint. The paint would not give a desirable surface for repaint¬ 
ing with an old paint. The average cost of the constituents, exclusive of the nitro¬ 
genous or casein-like constituents, averages 1 cent per pound, while the selling price 
is given as 10 cents per pound. 

[Lab. No. 333. Masury’s Liquid Colors (outside white). J. W. Masury & Son, New York and Chicago.] 
Warranted pure linseed oil paint; no chemical combination or soap mixture. 



No. 333. 

Capacity of can. 

Quarts. 
1.02 
.98 
Per cent. 
38.90 
61.10 

Contents of can. 

Vehicle.-..*. 

Pigment. 

Total. 

100.00 

Net weight, 3 pounds 13 ounces. 


ANALYSIS OF VEHICLE. 


Linseed oil 

Drier. 

Water. 


Per cent. 
87.00 
*>10.50 
2.50 


Total 


100.00 


ANALYSIS OF PIGMENT. 


White lead..., 
Lead sulphate 
Zinc oxide.... 
Undetermined 


Per cent. 
44.36 
. 62 
54. 79 
.23 


Total 


100.00 


a Probably magnesium silicate. 


*> Drier mostly turpentine. 

















































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


G5 


[Lab. No. 381. Ruchter’s Durable Paint. A. A. Eberson & Co., St. Louis, Mo. White Exterior, Interior.] 

The contents of this package is composed of: 55 per cent zinc white (oxide of), 45 
per cent lead white (sulphate of). 

Ground thick in pure, refined linseed oil and enough coloring matter added to pro¬ 
duce a tint to match the shade shown on our color card. 



No. 381. 

Capacity of can. 

Contents of can. 

Quarts. 

1.02 

1.00 

Vehicle. 

Per cent. 
17.54 
82.46 

Total. 

100.00 

Net weight, 4 pounds 12 ounces. 

ANALYSIS OF PIGMENT. 


Lead sulphate. 

Zinc oxide. 

Silica, Si0 2 . 

Calcium carbonate. 

Undetermined. 

Per cent. 
19.14 
42.47 
11.70 
25.99 
.70 

Total. 

100.00 


Not sufficient vehicle to enable careful determination to be made. 

[Lab. No. 402. Masury’s Liquid Colors, Neutral Gray. J. W. Masury & Son.] 

Guarantee: Pure linseed oil paint; no chemical combination or soap mixture. Our 
examination showed: 



No. 402. 

Capacity of can. 

Contents of can a . 

Quarts. 
1.03 
.95 
Per cent. 


58.10 
41.91 

Total. 

100.00 


ANALYSIS OF VEHICLE. 


Linseed oil. 

Per cent. 
88. 90 
10.90 
.20 

Total. 

100.00 


ANALYSIS OF PIGMENT 


White lead. ; . 

Lead sulphate. 

Zinc oxiae... 

Color and undetermined. 

Per cent. 
40.33 
.68 
58.15 
.84 

Total. 

100.00 


a Can was slightly leaky, making possible a loss of oil. 


37414—S. Rep. 546, 61-2-5 






























































66 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 

t 

[Lab. Nos. 404 and 405. O. L. Chase Ready-to-Use House Paint. Outside White. O. L. Chase, The 

Paint Man, St. Louis.] 

“My $100 cash guarantee: I guarantee under $100 cash forfeit that the paint in this 
can does not contain water, benzine, whiting, or barytes, and that my Olio is pure 
old-fashioned linseed oil and contains absolutely no foreign substance whatever.” 



No. 404 
(can of 
pigment). 

No. 405 
(can of 
olio). 

Capacity of can ._._. 

Quarts. 

1.96 
1.82 
Per cent. 
21.10 
78.90 

Quarts. 

1.88 

1.84 

Content,s of can ._. 


Pigment ... 


Total ......1. 


100.00 




Net weight, 7 pounds 15 ounces. 

ANALYSIS OF VEHICLE. 

Linseed oil. 

Per cent. 
91.80 
8.20 
None. 



Total. 

100.00 


ANALYSIS OF PIGMENT. 

Silica, SiOj. 

Per cent. 
49.32 
46.72 
3.20 
.76 

Zinc oxide. 

Lead sulphate. 

Undetermined. 

Total. 

100.00 



While it is true that this product does not contain water, benzine, whiting, or 
barytes, neither does it contam white lead, but is made up of approximately 50 per 
cent of silica. 


[Lab. No. 409. Mephisto Barn Paint. Name and address of manufacturer not given.] 


• 

No. 409. 

Capacity of can. . 

Quarts. 
3.90 
3.66 
Per cent. 
61.90 
38.10 

Contents of can. 



Total. 

100.00 


Net weight, 9 pounds 7 ounces. 

ANALYSIS OF VEHICLE. 


Per cent. 
39.51 
40.87 
19.62 


Oil (mostly linseed). 

Total. 

100.00 























































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 67 


ANALYSIS OF PIGMENT. 


No. 409. 


Combined water and organic matter 

Silica, SiOs. 

Iron, Fe20 3 . 

Calcium sulphate. 

Calcium carbonate. 

Undetermined. 

Total. 


Per cent. 
4.73 
1.45 
16.70 
26.26 
50.69 
.17 


100.00 


This paint was very poorly emulsified. (While the name of the manufacturer is 
not given, correspondence with the Armstrong Paint and Varnish Works of Chicago 
indicated that they were the producers of this paint.) 

[Lab. No. 420. Mixed Paint. (No. 1 Color.) Spokane Liquid Paint. Jones & Dillingham, Spokane, 

Wash.] 

Guarantee: Strictly pure. 



No. 420. 

Capacity of can. 

c. c. 
1,000 
1,000 
Per cent. 
56.21 
43.79 

Contents of can. 




Total. 

100.00 



Weight per gallon, 14.44 pounds. 


ANALYSIS OF VEHICLE. 


Linseed oil. 

Drier (turps and benzine) 
Moisture.. 


Per cent. 
95.07 
3.10 
1.83 


Total 


100.00 


ANALYSIS OF PIGMENT. 


Zinc oxide. 

White lead.. 

Calcium carbonate 

Lead sulphate. 

Undetermined. 


Per cent. 
30.99 
29.60 
2.44 
36.02 
.95 


Total 


100.00 


[Lab. No. 421. Outside White. 100 Per-Cent Pure Ready-Mixed Paint. Forman-Ford & Co., Minne¬ 
apolis, Minn.] 



No. 421. 

Panacitv nf can .......... 

Quarts. 
1.02 
Per cent. 
62.89 
37.11 



Total .........______..................................... 

100.00 


Weight per gallon, 19.4 pounds. 


Weight per gallon, 19.4 pounds. 

























































68 ADULTERATED OR MISLABELED PATNT, TURPENTINE, ETC. 


ANALYSIS OF VEHICLE. 


No. 421. 


Per cent. 


Linseed oil... 
Volatile dryer 
Water. 

Total... 


90.00 
7.70 
2. .10 


100.00 


ANALYSIS OF PIGMENT. 


White lead_ 

1 /ead carbonate 
Lead sulphate. 

Zinc oxide. 

Undetermined. 


Per cent. 
0 32.55 
20.12 
1.82 
45.42 
.09 


Total 


100.00 


a Several analyses were made of this product which indicated that the ratio of carbon dioxide to white 
lead differed somewhat from the recognized standard. The amount of white lead is calculated on the 
basis of lead hydroxide, Pb (OH)2. 

[Lab. No. 423. Outside White, Pure Carbonate of Lead Paint. The A. Wilhelm Co., Reading, Pa.] 

The can showed a slight leak; therefore its measurement could not well be deter¬ 
mined. 


No. 423. 


Vehicle.. 
Pigment 


Per cent. 
37.98 
62.02 


Total 


100.00 


ANALYSIS OF VEHICLE. 


Linseed oil.. 

Turpentine drier a 


Per cent. 
92.00 
8.00 


Total 


100.00 


ANALYSIS OF PIGMENT. 


White lead 
Lead sulphate. 

Zinc oxide_ 

Undetermined 


Per cent. 
90.64 
1.76 
6.47 
1.13 


Total 


100.00 


a This product gave reaction for rosin oil. 

The ratio of the hydroxide to the carbonate would not indicate the established 
proportions for normal white lead. 

[Lab. No. 473. Commercial Ready-Mixed Paint. A. A. White & Co., Boston, Mass.] 

Color, white. 



No. 473. 

Capacity of can. 

Quarts. 
1.11 
.96 
Per cent. 
75.99 
24.01 

Contents of can. 

Vehicle. 



Total. 

100.00 



Net weight, 3 pounds 3 ounces. 

































































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 69 


ANALYSIS OF VEHICLE. 


Linseed oil.. 

Turpentine drier 
Water. 


No. 473. 


Per cent. 
77.61 
19.90 
2. 49 


Total 


100.00 


ANALYSIS OF PIGMENT. 


White lead. 

Zinc oxide.. 

Calcium carbonate 

Barytes.. 

Silica and clay_ 

Undetermined_ 


Per cent. 
0.71 
47.73 
45.50 
2. 49 
2.86 
.71 


Total 


100.00 


[Lab. No. 474. Derby Mixed Paint, Outside White. Ground in perfectly pure linseed oil. 

Prince Paint Co., Boston, Mass.] 

Color, white. 


Jas. H. 


No. 474. 


Quarts. 


Capacity of can 
Contents of can 

Vehicle. 

Pigment. 


1.05 
1.00 
Per cent. 
39.75 
60.25 


Total 


100.00 


Net weight, 3 pounds 6.8 ounces. 

ANALYSIS OF VEHICLE. 


Linseed oil 
Benzine... 
Water. 


Per cent. 
62.59 
12.25 
25.16 


Total 


100.00 


ANALYSIS OF PIGMENT. 


White lead. 

Lead sulphate (sublimed lead) 

Lead oxide. 

Zinc oxide. 

Barytes. 

Calcium sulphate. 

Undetermined. 


Per cent. 
17.61 
14.91 
1.46 
33. 74 
29.33 
2.87 
.08 


Total 


100.00 


fLab. No. 475. Shawmut Mixed Paint, Outside White. Warranted strictly pure linseed oil paint. 
1 John Briggs & Co., Boston, Mass.] 

Color, white. 


No. 475. 


Quarts. 
1.05 
.97 
Per cent. 
42.22 
57.78 


100.00 


Capacity of can 
Contents of can 

Vehicle.;. 

Pigment. 

Total.... 


Net weight, 3 pounds 10 ounces. 










































































70 ADULTERATED OR MISLABELED PAT NT, TURPENTINE, ETC. 


ANALYSIS OF VEHICLE. 



No. 475. 

Linseed oil. 

Benzine drier. 

Per cent. 
83.38 
9.28 
7.34 

Total. . 

100.00 


ANALYSIS OF FIGMENT. 


White lead. 

Lead sulphate (sublimed lead). 

Lead oxide. 

Zinc oxide. 

Barytes. 

Calcium carbonate. 

Undetermined. 

Per cent. 
12.79 
4.13 
1.27 
51.64 
29.09 
.45 
.63 

Total.. 

100.00 


[Lab. No. 476. Moore’s House Colors, White. Benjamin Moore & Co., Chicago, Ill.] 

Color, white. 



No. 476. 

Capacity of can.. 

Contents of can. 

Quarts. 

1.05 

1.02 


Per cent. 
38.64 
61.36 

Total. 

100.00 


Net weight, 3 pounds 8.5 ounces. 

ANALYSIS OF VEHICLE. 


Linseed oil. 

Turpentine drier. 

Per cent. 
84.34 
6.60 
9.06 

Total. 

100.00 

ANALYSIS OF PIGMENT. 


Lead sulphate (sublimed lead). 

Lead oxide. 

Zinc oxide. 

Calcium carbonate. 

Calcium sulphate. 

Undetermined. 

Per cent. 
33.20 
2.99 
32.11 
7.18 
22.41 
2.11 

Total. 

* - - 

100.00 


Manufacturers assert that no calcium carbonate is used, the product being entirely 
calcium sulphate and gypsum. Our analysis, however, does not bear out the fact that 
the product is pure gypsum. They also deny the presence of water, but our analysis 
shows the presence of water in the sample as examined. 





























































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 71 

[Lab. No. 477. Tinted Gloss Paint, White.® John Lucas & Co., New York, Philadelphia, and Chicago.] 

Color, white. 


No. 477. 


Capacity of can 
Contents of can 

Vehicle. 

Pigment. 


Quarts. 

1.05 
.96 
Per cent. 
40. 36 
59.64 


Total 


100.00 


Net weight, 3 pounds 8.2 ounces. 


ANALYSIS OF VEHICLE. 


Per cent. 

Linseed oil. 87.58 

Turpentine drier. 9.95 

W ater. 2.47 


Total 


100.00 


ANALYSIS OF PIGMENT. 


White lead. 

Lead sulphate. 

Lead oxide. 

Zinc oxide. 

Asbestine: 

Silica SiOj. 

Magnesium oxide 
Undetermined. 


Per cent. 
24.03 
10.86 
.48 
42.21 

15.56 

6.41 

.45 


Total 


100.00 


a The manufacturers claim this product is one produced under their old formulae previous to May, 1908, 
at which time they revised their paint formulae. 

[Lab. No. 478. Ingersoll’s Liquid Rubber Paint, Outside White Gloss. Office and factories, 239-245 

Plymouth street, Brooklyn, N. Y.] 


The label further states: 

“The only paint not affected by salt air, moisture, coal gas, or sun, so destructive 
to all other paints. They are therefore the best and most economical for house, 
ship, railway, steamboat, and all structural painting, where first-class, durable work 
is desired.’’ 

Color, white. 


Capacity of can 
Contents of can 

Vehicle. 

Pigment. 

Total.... 


No. 478. 


i. 


Quarts. 

0. 96 
.90 
Per cent . 
62.65 
37.35 


100.00 


Net weight, 2 pounds 7.9 ounces. 

ANALYSIS OF VEHICLE. 


Linseed oil. 

Turpentine drier 
Water. 


Per cent. 
57.29 
5.84 
36.87 


100.00 


Total 




































































72 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


ANALYSIS OF PIGMENT. 


White lead 
Zinc oxide.... 
Undetermined 


No. 478. 


Per cent. 
12. 42 
87.12 
.46 


Total 


100.00 


As soon as the analyses were completed, a report was made to the manufacturer in 
order that he might know what the findings were for this sample, but, owing to a 
transposition of the per cent of vehicle and pigment, an error occurred in reporting 
the ingredients of the vehicle. As soon as the error was discovered a recalculation 
was made and the analysis reported in the correct form and as determined by a further 
examination. The manufacturers objected on the ground that they did not produce 
a paint of this kind, and stated in order that we might have a sample of their special 
outside gloss white, they would submit a sample. They also objected to the publi¬ 
cation of the analyses as not representing in any way the paint produced and sold by 
their house, although they stated that other cheaper grades were produced for cus¬ 
tomers. 

The sample as submitted, labeled “Ingersoll’s Liquid Rubber Paints, so called to 
indicate their superior elastic and binding qualities, which makes them most im¬ 
pervious to the action of salt water, coal gas, moisture, or the sun’s rays, so destructive 
to all other paints. They are, therefore, the best and most economical for house, 
ship, railway, steamboat, and all structural painting, where thoroughly first class, 
durable work is desired. Houses painted ten and fifteen years ago and still looking 
well, prove beyond question the durability of this paint, which is sold entirely on 
its merit. For sale only at our factory to customers (direct for personal use). De¬ 
livered f. o. b. New York. Caution: Be sure our name is on every package and so 
avoid imposition.” 

There was also printed on the can, “Outside Gloss, ‘A,’ White Special.” This label 
being different from the one on the sample previously examined made it seem desir¬ 
able that we should secure another sample like the first, Lab. No. 478, and inasmuch 
as the manufacturer claimed that we had been imposed upon by the first sample, the 
department authorized an agent to go direct to the factory at 239 Plymouth street, 
Brooklyn, N. Y., and purchase a quantity of paint from the factory, taking receipt 
for the same. This was done and the receipt is signed by O. W. Ingersoll. The paint 
was labeled in identically the same manner as the first sample received, and was by 
us given the Lab. No. 508. We therefore give the analyses of the two samples, Lab. 
No. 511 submitted by the manufacturer and Lab. No. 508 as purchased by an agent of 
the department direct from the factory. 

COLOR WHITE. 



No. 508. 

511. 

Capacity of can. 

Quarts. 
.96 
.93 
Per cent. 
58.77 
41.23 

Quarts. 
1.02 
1.02 
Per cent. 
45.70 
54.30 

Contents of can.. 

Vehicle. 

Pigment. . 

Total. 

100.00 

100.00 



Net weight: No. 508, 2 pounds 9 ounces; No. 511,3 pounds 9f ounces. 


ANALYSIS OF VEHICLE. 


• 

Linseed oil. 

Per cent. 
58.11 
5.14 
36.75 

Per cent. 
95.36 
4.64 
trace 

Turpentine drier. 


Total. 

100.00 

100.00 










































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


73 


ANALYSIS OF PIGMENT. 


• 

No. 508. 

No. 511. 

White lead..*. 

Per cent. 
17.07 
.36 
68.41 
3.58 
9.61 

Per cent. 
29.54 
.66 
60.39 

Lead sulphate. 

Zinc oxide. 

Silica. 

Silicate of magnesia and alumina 


Silica and magnesia. 

00 

O* 00 

to <D 

Undetermined. 

.97 

Total. 

100.00 

100.00 



It will thus be observed that the composition of the paints are not at all uniform, 
and that No. 511 is not at all alike in composition with either of the others, since it con¬ 
tains only a trace of water, a considerably larger proportion of white lead, and it is 
further noticeable that the paints are incorrectly labeled in that they do not contain 
rubber; at least none could be detected. 

[Lab. No. 479. Body white, Pure Linseed Oil. General Lead Co., St. Louis, Mo.] 

The formula states: “Composed of— 


Barium sulphate. 

Lead carbonate. 

Zinc oxide. 

Linseed oil (bleached) 


Per cent. 
50.00 
20.00 
20.00 
10.00 


Total 


100.00 


The analysis showed: 


Vehicle.... 
Pigment... 

Total 


No. 479. 


Per cent. 
8.50 
91.50 


100.00 


ANALYSIS OF PIGMENT. 


Barytes.. 

Zinc oxide.... 
White lead 
Lead sulphate. 
Undetermined 


Per cent. 
54. 77 
22.46 
21.71 
.19 
.87 


Total 


100.00 


[Lab. No. 481. Roof, Bam, and Bridge Paint, Red. Benjamin Ilammond, Fishkill on Hudson, N. Y.] 

Color, red. 


/ No. 481. 


Capacity of can 
Contents of can 

Vehicle. 

Pigment. 


Quarts. 
1.05 
1.02 
Per cent. 
48.8 
51.2 


Total.* 


100.00 


Net weight, 3 pounds. 



































































74 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC 


ANALYSIS OF VEHICLE. 


No. 481. 


Linseed oil. 

Turpentine drier 
Water. 

Total. 


Per cent. 
84.28 
14.90 
.82 


100.00 


ANALYSIS OF PIGMENT. 


Iron, FejOj.. 

Silica, SiOa. 

Clay. 

Calcium carbonate 
Calcium sulphate. 
Undetermined.... 


Per cent. 
14.50 
17.82 
4.00 
44.85 
18.02 
.21 


Total 


100.00 


[Lab. No. 482. Cottage Colors, Hammond's No. 20. Hammond's Paint Works, Fishkill on Hudson, 


Color, gray. 


No. 482. 

Capacity of can. 

Quarts. 
1.05 
.98 
Per cent. 
43.77 
56.23 

Contents of can. 

Vehicle. 

Pigment. 

Total. 

100.00 



Net weight, 3 pounds 5.8 ounces. 


ANALYSIS OF VEHICLE. 


Linseed oil. 

Turpentine drier 
Water. 


Per cent. 
92.36 
6.04 
1.60 


Total 


100.00 


ANALYSIS OF PIGMENT. 


White lead. 

Lead sulphate. 

Zinc oxide. 

Magnesium silicate. 

Barytes. 

Calcium carbonate. 

Calcium sulphate. 

Iron and alumina. 

Color and undetermined 


Per cent. 
43.67 
5.25 
29.98 
12.91 
1.94 
2.83 
.20 
.84 
2.38 


Total 


100.00 
























































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 75 

[Lab. No. 486. Cottage Colors, Hammond's Pure White, Hammond's Paint Works, Fishkill on Hudson, 

N. Y.] 

Color, white. 

* 



No. 486. 

Capacity of can. 

Contents of can. 

Quarts. 

1.05 

.99 

Vehicle. 

Pigment. 

Per cent. 
37.94 
62.06 

Total. 

100.00 


Net weight, 3 pounds 10 ounces. 

ANALYSIS OF VEHICLE. 


Linseed oil. 

Turpentine drier ... 

Per cent. 
91.40 
5.97 
2.63 

Total. 

100.00 


ANALYSIS OF PIGMENT. 


White lead. 

Zinc oxide. 

Magnesium silicate. 

Undetermined. 

Per cent. 
68.40 
23.63 
6.18 
1.75 
.04 

Total. 

100.00 


[Lab. No. 485. Paint, Outside White, Shawmut. John Briggs & Co., Boston, Mass.] 

Color, white. 


4 

No. 485. 

Capacity of can. 

Contents of can. 

Quarts. 
1.05 
.98 
Per cent. 


37.87 

62.13 

Total. 

100.00 


Net weight, 3 pounds 10.6 ounces. 

ANALYSIS OF VEHICLE. 



Per cent. 
84.46 
12.90 
2.64 


100.00 























































76 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 

ANALYSIS OF PIGMENT. 


• 

No. 485. 

White lead. 

Zinc oxide. 

Calcium sulphate. 

Undetermined. 

Per cent. 
15. 60 
.80 
49.89 
32.68 
.81 
.22 

Total. 

100.00 


[Lab. No. 483. Chinese Gloss, White, Hammond’s. Benjamin Hammond, Fishkill-on-Hudson, New 

York, N. Y.] 

Color, white. 



No. 483. 

Capacity of can. 

Contents of can.'. 

Quarts. 
1.05 
.93 
Per cent. 

Vehicle. 

Pigment. 

44.37 
55.63 

Total. 

100.00 


Net weight, 3 pounds 3 ounces. 

ANALYSIS OF VEHICLE. 


Linseed oil... 

Benzine turpentine. 

Per cent. 
60.03 
37.77 
2. 20 

Total. 

100.00 


ANALYSIS OF PIGMENT. 



Per cent. 

White lead. 

Zinc oxide. 

Organic matter and undetermined . 

11.63 
83.43 
3.16 
1.78 

Total. 

100.00 

a Nitrogenous-like casein. 


[Lab. No. 484. Outside White, Queen Anne. W. Snelling, East Boston, Mass.] 

• 

Mixed ready for use. 

Color, white. 

No. 4S4. 

Capacity of can. 

Contents of can. 

Quarts. 

1.05 

1.05 


Per cent. 
36. 34 
63.66 

Total. 

100.00 


Net weight, 4 pounds 2 ounces. 


























































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 77 


ANALYSIS OF VEHICLE. 



No. 484. 

Linseed oil. 

Per cent. 
78.96 
3.17 
17. 87 

Turpentine drier. 



Total. 

100.00 



ANALYSIS OF PIGMENT. 


White lead. 

Lead sulphate. 

Zinc oxide. 

Barytes. 

Silica and magnesium silicate 
Undetermined.. 


Per cent. 
5.82 
12.08 
48. 76 
18. 37 
14. 25 
.72 


Total 


100.00 


[Lab. No. 487. Tremont Prepared Paint, Outside White. Tremont Paint and Varnish Co., Boston, Mass.] 

Color, white. 


No. 487. 


Quarts. 


Capacity of can 
Contents of can 

Vehicle. 

Pigment. 


1.05 
.98 
Per cent. 
34. 78 
65.22 


Total 


100.00 


Net weight, 4 pounds 9 ounces. 

ANALYSIS OF VEHICLE. 


Per cent. 


Linseed oil... 
Benzine drier 
Water. 


89.80 
7.90 
2.30 


Total. 

-—--—--r 


100.00 


ANALYSIS OF PIGMENT. 


Per cent. 


White lead. 

Lead sulphate. 

Zinc oxide. 

Magnesium silicate 
Calcium sulphate.. 
Undetermined. 


48.99 
5.02 
39.93 
4.53 
.81 
.72 


Total 


100.00 


[Lab. No. 488. Highland Paint, Ready-Mixed. Manufactured for the Highland Color Co.] 


No address given for either manufacturer or party for whom manufactured. Cor¬ 
respondence developed to show that this brand of paint was made by Wadsworth, 
Howland & Co., Boston, Mass. 


Color, white. 


No. 488. 


Quarts. 
1.05 
1.03 
Per cent. 
33.83 
66.17 





100.00 



Net weight, 3 pounds 15.5 ounces. 




































































78 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC 


ANALYSIS OF VEHICLE. 


• 

No. 488. 

Linseed oil. 

Benzine turpentine. 

Per cent. 
80.40 
16. 94 
2.66 

Total. 

100.00 


ANALYSIS OF PIGMENT. 


Lead sulphate (sublimed lead). 

Lead oxide. 

Zinc oxide. 

Undetermined... 

Per cent. 
17.85 
4. 44 
50. 87 
26.12 
.72 

Total. 

100.00 


[Lab. No. 490. Iveroid Liquid Colors, Color A8 Gray. Iveroid Mixed Paint Co., Newark, N. J.] 

Color, gray. 



No. 490. 

Capacity of can. 

Contents of can. 

Quarts. 
1.04 
.92 
Per cent. 

Pigment. 

49.21 
50.79 

Total. 

100.00 


Net weight, 2 pounds 12.3 ounces. 

ANALYSIS OF VEHICLE. 


Linseed oil. 

Benzine turpentine. 

Per cent. 
57.98 
21. 70 
20.32 

Total. 

100.00 


ANALYSIS OF PIGMENT. 


White lead. 

Lead sulphate. 

Zinc oxide. . 

Calcium carbonate. 

Calcium sulphate. 

Silica and magnesium silicate... 

Color and undetermined. 

Per cent. 

9.45 
6.92 

24. 04 
13. 87 
33.12 
1.40 
9.74 

1.46 

Total. 

100. 00 


A letter giving the analysis of this paint, addressed to the Iveroid Mixed Paint Co., 
Newark, N. J., was returned with the notation, “No such party known.” 



























































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 79 

[Lab. No. 491. Highland Mixed Paint, No. 35. Highland Color Co. No address given. 

Color, gray. • 



No. 491. 

Capacity of can. 

Contents of can. 

Quarts. 

1.05 

1.05 

Vehicle. 

Pigment. 

Per cent. 
29.60 
70.40 

Total. 

100.00 


Net weight, 4 pounds 2.9 ounces. 

ANALYSIS OF VEHICLE. 


Linseed oil. 

Benzine turpentine. 

W ater. 

Per cent. 
86.19 
12.80 
1. 01 

Total. 

100.00 


ANALYSIS OF PIGMENT. 


< 

White lead. 

Lead sulphate. 

Zinc oxide. 

Silica and clay. 

Undetermined. 

Per cent. 
20.75 
1.77 
38.03 
33.06 
5.66 
.73 

Total. 

100.00 


[Lab. No. 492. Derby Mixed Paint, Outside White. Jas. H. Prince Paint Company, Boston, Mass.] 

Color, white. 



No. 492. 

Capacity of can. 

Contents of can. 

Quarts. 
1.05 
.90 
Per cent. 

Pigment. 

35.18 

64.82 

Total. 

100.00 


Net weight, 3 pounds 8 ounces. 

ANALYSIS OF VEHICLE. 


Linseed oil. 

Benzine turpentine. % . 

Per cent. 
58 .66 
10.93 
30.41 

Total. 

100.00 


ANALYSIS OF PIGMENT. 


White lead. 

Lead sulphate. 

Zinc oxide. 

Per cent. 
19.76 
14.81 
31.00 
34.20 
.23 

Total. 

100.00 


































































80 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC 


(Lab. No. 493. Tremont Prepared Paint, No. 15, Pearl Gray. Tremont Paint and Varnish Company, 

Boston, Mass.] 

Color, white. 


Capacity of can 
Contents of can 

Vehicle. 

Pigment. 

Total.... 


No. 493. 


Quarts. 
1.05 
1.03 
Per cent. 
38.13 
61.87 


100.00 


Net weight, 3 pounds 12.7 ounces. 


ANALYSIS OF VEHICLE. 


Linseed oil. 

Turpentine drier 
Water. 


Per cent. 
85.91 
9.90 
4.19 


Total 


100.00 


ANALYSIS OF PIGMENT. 


White lead. 

Lead sulphate. 

Zinc oxide. 

Magnesium/silicate 

Silica. 

Calcium carbonate. 
Undetermined. 


Per cent. 
19.13 
28.06 
39.08 
2.86 
7.27 
3. 42 
.18 


Total 


100.00 


(Lab. No. 494. Iveroid Liquid Colors, Outside White. Iveroid Mixed Paint Company, Milwaukee 

and Chicago.] 

While this paint bears the same name, and manufacturing concern as No. 490, it 
gives the address of the manufacturer as Milwaukee and Chicago instead of Newark 
N. J. 

Color, white. 


# / 

No. 494. 

Capacity of can.’. 

Quarts. 
1.04 
.92 
Per cent. 
45.93 
54.07 

Contents of can. 

Vehicle.1. 



Total... 

100.00 



Net weight, 2 pounds 13.4 ounces. 

ANALYSIS OF VEHICLE. 


Linseed oil. 

Turpentine drier 
Water. 


Per cent. 
50.76 
25.30 
23.94 


Total 


100.00 



























































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 81 


ANALYSIS OF PIGMENT. 


Xo. 494. 


White lead. 

Zinc oxide. 

Barytes. 

Calcium carbonate. 

Calcium sulphate. 

Asbestine (calcium and magnesium silicate) 
Undetermined. 


Per cent. 
2.37 
34.78 
13.70 
32. 66 
3.87 
11.74 
.88 


Total 


100.00 


[Lab. No. 495. Queen Anne Paint, Pearl Gray, No. 164. J. W. Hoffman Co., Boston, Mass.] 

Color, gray 


Capacity of can 
Contents of can 

Vehicle. 

Pigment. 


No. 495. 


Quarts. 
1.03 
.94 
Per cent. 
38.42 
61.58 


Total 


100.00 


Net weight, 3 pounds 4.4 ounces. 


ANALYSIS OF VEHICLE. 


Linseed oil. 

Benzine turpentine 
Water. 


Per cent. 
53.61 
24.00 
22.39 


Total 


100.00 


ANALYSIS OF PIGMENT. 


White lead. 

Lead sulphate. 

Zinc oxide. 

Barytes. 

Calcium sulphate... 
Silica and magnesia 
Iron and alumina... 
Undetermined. 


Per cent. 
1.00 
. 16 
40.70 
31.23 
11.98 
12. 51 
.98 
1.44 


Total 


100.00 


[Lab. No. 496. Shawmut Mixed Paint, No. 114. John Briggs & Co., Boston Mass.] 


Color, gray. 



No. 496. 


Quarts. 
1.05 
1.00 
Per cent. 
40.67 
59.33 

Contents of can.. 


Total .-. 

100.00 


Net weight, 3 pounds 6.3 ounces. 

37414—S. Rep. 546, 61-2-6 




















































































82 ADULTERATED OR MISLABELED PATNT, TURPENTINE, ETC 


ANALYSIS OF VEHICLE. 


Linseed oil. 

Turpentine drier 
Water. 


No. 496. 


Per cent. 
71.48 
15.00 
13.52 


Total 


100.00 


ANALYSIS OF PIGMENT. 


White lead. 

Lead sulphate. 

Zinc oxide. 

Barytes. 

Silica and magnesia. 

Calcium carbonate. 

Calcium sulphate. 

Iron and alumina. 

Color and undetermined 


Per cent. 
5.09 
1.14 
46.04 
27.82 
13.90 
. 12 
.92 
2.50 
1.81 


Total 


100.00 


[Lab. No. 499. Ready-Mixed Paint, Metropolitan Brand, Pea Green. 

Co., Philadelphia.] 


Color, pea green. 


Metropolitan Paint and Varnish 



No. 499. 

Capacity of can . 

Quarts. 
1.05 
.94 
Per cent. 
40.00 
60.00 

Contents of can. 


Pigment. 

Total . 

100.00 


Net weight, 3 pounds 2.7 ounces. 


ANALYSIS OF VEHICLE. 


Linseed oil. 

Benzine turpentine 
Water. 


Per cent. 
78.85 
19.90 
1.25 


Total 


100.00 


ANALYSIS OF PIGMENT. 


Barytes. 

China clay. 

Magnesium silicate. 

Silica. 

Lead sulphate (sublimed lead) 

Lead oxide. 

Zinc oxide. 

Color and undetermined. 


! Per cent. 
27.78 
9.46 
12.90 
6.75 
16.55 
2.10 
22. 28 
2.18 


Total 


100.00 







































































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 83 


[Lab. No. 501. Mixed Paint 

Color, white. 


, Standard, Outside White. 

City, N. J.] 


C. A. Wolsey Paint and Color Co., Jersey 


Capacity of can 
Contents of can 

Vehicle. 

Pigment. 


No. 501. 


Quarts. 

1.00 

.95 

Per cent. 
36.57 
63.43 


Total 


100.00 


Net weight, 3 pounds 6.8 ounces. 


ANALYSIS OF VEHICLE. 


Linseed oil. 

Benzine turpentine 
W ater. 


Per cent. 
80.30 
11.50 
8.20 


Total 


100.00 


ANALYSIS OF PIGMENT. 


Barytes. 

Per cent. 
13.00 

Silica. 

1.00 

Lead sulphate (sublimed lead). .•. 

20.21 

Lead oxide. 

1.58 

Calcium carbonate. 

12.25 

Calcium sulphate. 

8. 68 

Zinc oxide.. 

42. 73 

Undetermined. 

.55 


Total. 

100.00 



[Lab. No. 502. Ready-Mixed Paints, National. National White Lead and Color Co., Brooklyn, N. Y.] 

Color, white. 


No. 502. 


Quarts. 
1.05 
1.00 
Per cent. 
42.96 
57.04 


100.00 


Net weight, 3 pounds 3 ounces. 


Capacity of can 
Contents of can 

Vehicle. 

Pigment. 

Total.... 


ANALYSIS OF VEHICLE. 


Linseed oil. 

Benzine turpentine 
Water. 


Per cent. 
82.91 
14.00 
3.09 


Total 


100.00 
























































84 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 

ANALYSIS OF PIGMENT. 


No. 502. 

* 


Silica and magnesium silicate. . 

Zinc oxide... 

Calcium carbonate. 

White lead. 

Undetermined. 

Per cent. 
14. 72 
52.38 
32.35 
Trace. 
.55 

Total.. 

100.00 


[Lab. No. 503. Ready-Mixed Paint, Metropolitan. Metropolitan Paint and Varnish Co., Philadelphia, Pa.] 
Color, pea green. 



No. 503. 

Capacity of can. 

Contents of can. 

Quarts. 

1.05 
.94 
Per cent. 

Pigment. 

40.81 
59.19 

Total. 

100.00 


Net weight, 3 pounds 2.6 ounces. 

ANALYSIS OF VEHICLE. 


Linseed oil... 

Benzine turpentine. 

Per cent. 
85.74 
12.60 
1. 66 

Total. 

100.00 


ANALYSIS OF PIGMENT. 


China clay. 

Magnesium silicate. 

Lead sulphate (sublimed lead). 

Lead oxide. 

Zinc oxide. 

Color, and undetermined. 

Per cent. 
21.08 
11. 70 
9.10 
17.90 
13. 67 
2. 34 
21. 79 
2. 42 

Total. 

100.00 


[Lab. No. 509. Lucas Gloss Paints, Outside White. John Lucas & Co., Philadelphia, Pa.] 

Color, white. 



No. 509. 

Capacity of can. 

Contents of can. 

Quarts. 

2.3 

2. 08 

Vehicle. 

Per cent. 
40. 79 
59.21 

Total. 

• 100.00 


Net weight, 7 pounds 9 ounces. 





























































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 85 


ANALYSIS OF VEHICLE. 


No. 509. 

Linseed oil. 

Per cent. 
88. (X) 
12.00 
None. 

Turpentine drier. 

Water. 

Total. 

100.00 



ANALYSIS OF PIGMENT. 


Per cent. 


White lead. 

Lead sulphate. 

Zinc oxide. 

Asbestine (silica and magnesia) 

Iron and alumina. 

Undetermined. 


26.43 
11.89 
44.08 
16.50 
.63 
.47 


Total 


100.00 


[Lab. No. 512. Outside White, Tinted Gloss Paint, Pure Oil. John Lucas & Co., Chicago, Ill.] 

Color, white. 


Capacity of can. 
Contents of can 

Vehicle. 

Pigment. 

Total. 


No. 512. 


Quarts. 
2.3 
2.08 
Per cent. 
41.12 
58.88 


100.00 


Net weight, 7 pounds 7 ounces. 

ANALYSIS OF VEHICLE. 


Linseed oil. 

Turpentine drier 
Water. 


Per cent. 
88.85 
11.15 
Trace. 


Total 


100.00 


ANALYSIS OF PIGMENT. 


White lpad . 

Per cent. 
24.37 
11.45 
3.15 
43.71 
16.91 
.41 

TH QiilnViatp. 1 snhlimp.fi lp.aH^ . .. 

T.pad oxide .-. 

7.inp oxide . 


TTn rl pf prm in pH . 

Total . 

100.00 


[Lab. No. 513. Tinted Gloss Paint, No. 212. Lead Color Pure Oil. John Lucas & Co., Chicago, Ill.] 

Color, gray. 


No. 513. 


Capacity of can 
Contents of can 

Vehicle. 

Pigment. 

Total... 


Quarts. 
2.3 
2.08 
Per cent. 
45.41 
54. 59 


100.00 


Net weight, 6 pounds 13 ounces. 



































































86 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC 


ANALYSIS OF VEHICLE. 


No. 513. 


Linseed oil. 

Turpentine drier 
Water. 


Per cent. 
89.25 
10. 75 
Trace. 


Total 


100.00 


ANALYSIS OF PIGMENT. 


White lead . 

Per cent. 
15.53 

Lead sulphate. 

16.13 

Zinc oxide . 

42.26 

Magnesium silicate . 

18. 09 

Silica. 

4.54 

Iron and alumina. 

.78 

Color, and undetermined. 

2. 67 


Total.. 

100.00 



[Lab. No. 519. Mixed Paint, M.B.C. Brand. Eagle Paint & Varnish Co., Pittsburg, Pa. M. B. Cochrane, 

President.] 

No. 39 color; one-fourth gallon. 

Color, gray. 


No. 519. 


Capacity of can 
Contents of can 

Vehicle. 

Pigment. 


Quarts. 
1.02 
1.00 
Per cent. 
39.20 
60.80 


Total 


100.00 


Net weight, 3 pounds 12 ounces. 


ANALYSIS OF VEHICLE. 


Linseed oil. 

Turpentine drier 

Total. 


Per cent. 
92.80 
7.20 


100.00 


ANALYSIS OF PIGMENT. 


Lead sulphate (sublimed lead) 

Lead oxide. 

Zinc oxide. 

Calcium carbonate. 

Silica and silicates. 

Color and undetermined. 


Per cent. 
32.68 
8.04 
41.15 
5.03 
12.58 
.52 


Total 


100.00 


ANALYSES OF WHITE LEADS. 

Several samples of white leads, or of products which were labeled and sold as white 
lead, have also been examined, and it is interesting to note that not one of those given 
in the following list is entitled to be considered as a white lead. They are sold under 
deceptive and misleading labels, and in a way that the purchaser would suppose that 
he was receiving pure white lead, meaning basic lead carbonate, when in reality he 
was purchasing a compound mixture for which he pays a good price. These products 
were all purchased in the original containers, and were opened and analyzed in the 
laboratory of this department. 





























































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 87 

[Lab. No. 516. Royal White Lead. E. P. & V. Co., M. B. Cochran, President, Pittsburg, Pa.] 

ANALYSIS OF PIGMENT. 


White lead. 

Lead sulphate... 

Zinc oxide. 

Barium sulphate. 
Silica and silicate 
Undetermined.. 


No. 516. 


Per cent. 
43.32 
.54 
11.60 
42.28 
1.67 
.59 


Total 


100.00 


Net weight, 24 pounds 5 ounces. 


The term “ Royal White Lead ” should indicate a good product; that is, some special 
brand of pure white lead, but the analysis does not bear out this conclusion, for less 
than half of the product is white lead and it is largely adulterated with barytes. 

[Lab. No. 517. Anti-Trust Pure White Lead. Linseed oil. Benjamin Moore & Co., New York and 

Chicago.] 


This label appeared upon the face of the can, and was also printed on the top or 
cover of the can itself. 


ANALYSIS OF PIGMENT. 



No. 517. 

White lead. 

Per cent. 
13.08 
.38 
35. 62 
1.10 
40. 96 
7.72 
1.14 

Lead sulphate.!. 

Zinc oxide ... .. . 

Zinc sulphade... . . 

Ra.rinm sulfate . 

Silica and silicates. 

Undetermined. 

Total. 

100.00 

• , 

Net weight, 24 pounds 7 ounces. 


What would one infer when he reads the term “Pure White Lead?” Would he 
expect to purchase barytes, silica, and other ingredients as part of the pure white lead? 
and when as part of the name they use the term “anti-trust,” one would infer that 
it is a combination producing a pure lead in opposition to some lead trust. Unfortu¬ 
nately the analysis does not bear out this conclusion, but shows the kind of deception 
that is being practiced in the labeling and selling of this product. 

[Lab. No. 518. White Lead. Blue Seal Brand. Wm. Waterall & Co., Philadelphia, and Camden, N. J.] 

ANALYSIS OF PIGMENT. 



No. 518. 


Per cent. 
28.93 
1.57 
14.07 
47.40 
1.74 
2. 27 
3.60 
.42 








• 

100.00 


Net weight, 24 pounds 5 ounces. » 


Like the preceding products this sample proves to be not a white lead and not 
even a mixture of white lead, in the true sense of the word, but is composed of lead 
sulphate; and among the adulterants are 47.40 per cent of barytes and about 8 per cent 
of other adulterants, like silica, lime, etc. 



















































88 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


[Lab. No. 520. White Lead, Buck Brand. Samuel II. French Co., Pittsburg, Pa.) 

ANALYSIS OF PIGMENT. 


White lead. 

Zinc oxide. 

Barium sulphate.. 
Silica and silicates 
Undetermined.... 


No. 520. 


Per cent. 
58.98 
15.55 
24.22 
.80 
.45 


Total 


100.00 


This product is little more than one-half white lead to which has been added about 
25 per cent of barytes. 

[Lab. No. 521. Missouri White Lead, Refined Linseed Oil. Wm. Waterall Co., Philadelphia.] 

The label on the can bore the following inscription: “This brand of improved lead 
has been on the market since 1879. It wears better, spreads over more surface; is 
free from acid; and, containing more oil, does not cake or harden in the package; 
and mixes more readily than old style corroded lead.” 

ANALYSIS OF PIGMENT. 


No. 521. 


Lead sulphate. 

Lead oxide. 

Zinc oxide. 

Calcium sulphate (hydrated) 

Barytes. 

Silica and silicates. 

Undetermined. 


Per cent. 
27.22 
.59 
21.11 
10.99 
37.54 
1. 62 
.93 


Total 


100.00 


From the label one would infer that this was a special brand of pure white lead 
superior to the old style corroded lead, w'hen, as a matter of fact it does not contain 
true white lead at all, and contains about 50 per cent of lime and barytes. We should 
call this, like the preceding white leads, “deceptive fakes,” and no matter what their 
virtues may be as paints, they are indexes of low business morality and indicate the 
true reasons why the East does not want paint laws. In the face of conditions like 
these the argument that paint laws force manufacturers to reveal formulae that have 
taken years to develop is all “bosh.” In the future, gentlemen, tell the truth and 
help to develop, not drag down, the paint industry of the country. 

The Chairman. Now, Mr. Dewar, you have made the preliminary statement, and 
unless you desire to extend it I want to ask you a question or two, and perhaps some 
other member of the committee will want to ask you questions? 

Mr. Dewar. Will you not permit me to proceed just a little further? 

The Chairman. Yes; I thought you had finished. 

Mr. Dewar. I want to say in this connection that the leading manufacturers of the 
country to-day have read the handwriting upon the wall, just as it appeared to Bel¬ 
shazzar of old—“Thou hast been weighed in the balance and found wanting.” And 
to-day the lead manufacturers of this country have read the handw r riting on the wall 
and are labeling their goods. Here is John W. Masury. Every pint of stuff that 
leaves his great factory in New York State has the formula label, and a label that does 
not contain the formula label does not amount to anything, because he can cut the 
paint into factories, name and labeling matter, and is not claiming anything for it 
so far. 

The Chairman. Are these correct labels—that is, the ingredients mentioned in the • 
labels? 

Mr. Dewar. If we do not have a federal law back of that, supported by the United 
States Government, how are we to know that the labels, even if they do put them on 
the cans, are correct? 

The Chairman. Offer those in evidence in the order you desire, so that they may 
go into the record properly. Just refer to them and they will be identified. 


































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 89 


Mr. Dewar. Those labels I would offer as showing that the leading houses, paint 
manufacturers and paint material men, are to-day labeling their goods along the line 
of the Heyburn bill. 

The Chairman. These labels that you produce here are labels that are in general 
use now, are they? 

Mr. Dewar. They are in general use, as we are informed, by the John Masury 
Company, of New York. 

The Chairman. All of them? 

Mr. Dewar. All of them; yes, sir. 

The Chairman. Very well, you offer those and they will be marked as exhibits of 
John Masury & Son, of New York. 

(The labels referred to are as follows:) 

Masury’s Pure Colors—John W. Masury & Son. 

Ground in pure linseed oil, warranted superior to any in the market. Manufactured 
only by John W. Masury & Son, New York and Chicago. 

Beware of imitations; none genuine unless bearing the signature of John W. Masury 
& Son. 

Per cent. 
70 
30 


100 


5 

95 


100 


DUTCH PINK. 

Paint: 

Pigment. 

Vehicle. 


Pigment: 

Organic coloring matter 
Calcium carbonate. 


Vehicle: 

Linseed oil. 85 

Turpentine drier. 15 


100 

OLIVE GREEN, M. 

Paint: Percent. 

Pigment. 58.0 

Vehicle. 42. 0 


100.0 


Pigment: 

Boneblack. 54. 8 

Per cent. 

Carbon... 15.00 

Bone ash. 85.00 


100.00 

Basic chromate of lead. 27. 3 

Burnt umber. 15. 2 

Ferric oxide. 45. 55 

Silica and alumina. 32. 29 

Manganese oxide. 16. 60 

Calcium carbonate. 5. 56 


100. 00 

Ferric ferrocyanide. 2. 7 


100.0 


Vehicle: 

Linseed oil. 

Turpentine drier 


93.0 

7.0 


100.0 






































90 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


OLIVE GREEN, L. 

Paint: Per cent * 

Pigment. 58.0 

Vehicle. 42. 0 


100.0 

# 


Pigment: 

Boneblack. 70. 4 

Per cent. 

Carbon. 15. 00 

Bone ash. 85.00 


100. 00 

Basic chromate of lead. 29. 6 


100 . 0 


Vehicle: 

Linseed oil. 93. 0 

Turpentine drier. 7. 0 


100.0 

ROYAL RED. 

Paint: Per cent - 

Pigment. 77. 00 

Vehicle... 23.00 


100. 00 


Pigment: 

Ferric oxide. 32. 30 

Sulphate of lime. 63. 00 

Silica. 2. 66 

Combined water. 2. 04 


100. 00 


Vehicle: 

Linseed oil. 89. 00 

Turpentine drier. 11. 00 


100 . 00 

Mr. Dewar. I would also offer «as an exhibit the labels of the Heath & Melligan 
Manufacturing Company one of the largest manufacturers of paint, lead, and colors 
in the United States. Within the last year they have been putting on a label of 
every pound and every pint of their material. Then, since the first of the year they 
filled an order for 40 carloads of their material shipped in one shipment to the north¬ 
west, to supply firms and consumers of the Northwest, and every package of their 
paint contains a label on it. 

(The labels referred to are as follows:) 

Heath & Milligan Manufacturing Company, Chicago, Best Prepared Paint. 

APPLE GREEN. 


A nalysis. 



Total. 

Pigment. 

Liquid. 

White base. 

Per cent. 
57.12 
2.92 
35.25 
1.58 
1.60 
.80 
.73 

Per cent. 
95.14 
4.86 

Per cent. 

Coloring matter. 


Linseed oil. 

88.21 
3.95 
4.00 
2.00 
1.84 

Turpentine. 


Japan. 


Petroleum spirits. . 


W ater. 




100.00 

100.00 

100.00 























































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 91 


White base: 

Lead carbonate.... 
Lead sulphate 

Zinc oxide.. 

Barium sulphate.. 
Calcium carbonate 


Per cent. 
19. 26 
19. 16 
46. 58 
10 . 00 
5. 00 


Coloring matter: 

Lemon chrome yellow— 

Lead chromate. 

Lead sulphate. 


100 . 00 

70. 10 

29. 90 


Yellow ochre— 

Ferric oxide. 

Silica and silicates 


100 . 00 


20. 00 
80. 00 


Ultramarine blue: Complex furnace combination of silica 
sulphur. 


100 . 00 

, alumina, soda, and 


RAILWAY WHITE. 


80 per cent opaque white pigment: Per cent. 

Lead carbonate. 45 

Zinc oxide. 35 

20 per cent durable filler and surfacer: 

Calcium carbonate— 

Special calcium carbonate. 7 

Special white mineral primer. 8 

Barium sulphate— 

Blanc fixe. 2 

Barium sulphate. 3 


100 

Ground in pure linseed oil. Special calcium carbonate and blanc fixe are fine 
buoyant fillers, while special white mineral primer and the remaining barium sulphate 
supply the necessary tooth, retarding action and coarser filling. 

COACH BLACK. 


Hard bone black: • Per cent. 

Animal carbon. 9.1 

Calcium phosphate and carbonate. 90 . 9 


100 . 0 

Ground in pure refined linseed oil. 


DROP BLACK. 


Pure drop black: Per cent. 

Carbon. 9.0 

Calcium phosphate and carbonate. 91. 0 


Ground in pure refined linseed oil and turpentine. 

TUSCAN MAROON. 
Family tuscan maroon. 


• 

Total. 

Pigment. 

Liquid. 

Coloring material. 

Per cent. 
42.40 
42.06 
4.84 
1.67 
5.58 
3.45 

Per cent. 
100.00 

Per cent. 

T.insppfl oil _... 

73.00 

8.40 

2.90 

9.70 

6.00 

Japan drier 


Turpentine ...... 


Naphtha,.. 






100.00 

100.00 

100.00 

















































92 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


Coloring material: 

Permanent tuscan red— 

Permanent alizarine lake 

Ferric oxide. 

Barium sulphate. 

Calcium carbonate. 


100. 0 

Directions .—The surface to be painted should be clean, dry, and free from grease, 
dust, and dirt. Shake the can vigorously before opening. For all inside work, 
light and air are necessary for the proper drying of paint. Apply the paint with a 
bristle brush. If too thick for any special purpose, add a very small quantity of 
turpentine. 

VERMILION. 

Family vermilion. 


Per cent. 
. 9. 5 
. 20. 5 
. 40.0 

. 30.0 


• 

Total. 

Pigment. 

Liquid. 

Cnlnring material . 

Per cent. 
59.20 
33.90 
4.50 
2.40 

Per cent. 
100.00 

Per cent. 

Linseed oil . 

83.10 
11.02 
5.88 

Japan drier . . . 


Naphtha . 




100.00 

100.00 

100.00 


Coloring material: 

Azo vermilion— 1>er cent - 

Lead super oxide. 52.0 

Barium sulphate. 22. 0 

Aluminum silicate. 23. 0 

Azo vermilion. 3. 0 


’ 100.0 

Directions .—The surface to be painted should be clean, dry, and free from grease, 
dust, and dirt. Shake the can vigorously before opening. For all inside work, 
light and air are necessary for the proper drying of paint. Apply the paint with a 
bristle brush. If too thick for any special purpose, add a very small quantity of 
turpentine. 

WHITE. 

Family white. 



Total. 

Pigment. 

Liquid. 

Lead carbonate. . 

Per cent. 
17.50 
30.20 
5.30 
24.70 
7.51 
3.85 
8. 55 
2.39 

Per cent. 
33.00 
57.00 
10.00 

Per cent. 

Zinc oxide. 


Calcium carbonate. 


Linseed oil. 

52.50 
16.00 
8.20 
18.20 
5.10 

Turpentine.. 


Japan drier. 


Naphtha. 


W ater. 




100.00 

100.00 

100.00 


Directions .—The surface to be painted should be clean, dry, and free from grease, 
dust, and dirt. Shake the can vigorously before opening. For all inside work, 
light and air are necessary for the proper drying of paint. Apply the paint with a 
bristle brush. If too thick for any special purpose, add a very small quantitv of 
turpentine. 





































































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 93 

Senator Oliver. Do you know whether any of those have been analyzed to ascer¬ 
tain whether the label is correct or not? 

Mr. Dewar I do not know that, Senator. 

Senator Oliver. I should think that somebody would undertake it. 

Mr. Dewar. Yes, sir; but I am quite sure when I say this: That if these labels 
were not correct these manufacturers sitting around this table would refuse to label 
their goods. Those who are not in sympathy with the Heyburn bill would ascertain 
very quickly whether these gentlemen were telling the truth and they would use it 
for commercial advertising. 

Mr. IIeckell. The labels are correct in all cases. 

Mr. Dewar. I wish also to offer in evidence the labels of the Acme White Lead 
and Color Works, of Detroit, Mich., who also do business all over the United States; 
and I want to say that none of those gentlemen, or firms, whose labels are given you, 
are located in States that have at present a state law compelling them to do so. 

Senator Oliver. What States have? 

Mr. Dewar. California, Iowa Massachusetts, Minnesota, South Dakota, Ohio, 
North Dakota, Vermont, and Nebraska. 

Mr. Heckell. Ohio has no formula law. 

Mr. Dewar. I beg your pardon. Ohio and Massachusetts have no formula law. 
It first passed the legislature of Ohio with the formula, but a lobby sat near to the 
capitol there and had it reconsidered and the formula was dropped out. 

The Chairman. I will state for the record that the committee has the Ohio paint 
law, which went into effect January 1, 1909, before it. 

Mr. Dewar. There are the different laws and the time they went into effect. 

(The labels of the Acme White Lead and Color Works are as follows:) 

Acme White Lead and Color Works, Detroit, Mich. 

MICHIGAN SEAL. 

A very superior white. Ground with extra care in pure linseed oil, and especially 
recommended for its easy working qualities and uniformity. Does not harden in 
the keg. 



Weight. 

Pigment. 

Vehicle. 

Total. 

Pigment. 

Per cent. 
91.27 

Per cent. 

Per cent. 

Per cent. 

” White lead (basic lead carbonate). 

43.10 


39.35 

Zinc oxide. 


26.73 


24.39 

Barytes (barium sulphate). 


12.93 


11.80 

Calcium carbonate. 


17.24 


15.73 

Vehicle. 

8.73 


Linseed oil. 


100.00 

8.73 





100.00 

100.00 

100.00 

100.00 


New Era Paint (Acme Quality). 
OUTSIDE WHITE. 



Weight. 

Pigment. 

Vehicle. 

Total. 

Pitmient, . 

Per cent. 
64.76 

Per cent. 

Per cent. 

Per cent. 

White lead (basic lead carbonate). 

60.00 


38.85 

7.inc oxide . 


30. 00 


19.43 

P.aleinm oarhonate. 


5.00 


3.24 

Magnesium silicate ... . 


5.00 


3.24 

VAhiele ... . . 

35.24 


Linseed oil. 


83.56 

29.44 

Japan drier r . 



13.04 

4.60 

W ater . 



3.40 

1.20 







100.00 

100.00 

100.00 

100.00 






















































94 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


New Era Paint (Acme Quality )—Continued. 

No. 10 LEAD COLOR. 



Weight. 

Pigment. 

Vehicle. 

Total. 

Piement, ... 

Per cent. 
60.45 

Per cent. 

Per cent. 

Per cent. 

White, lead (basic lead carbonate!. 

13.94 


8.43 

Basic lead sulphate. 


6.96 


4.21 

Lead sulphate . 


33.10 


20.01 

Zinc oxide. 


33.10 


20.01 

Magnesium silicate. 


4.19 


2.53 

Aluminum silicate. 


4.19 


2.53 

Calcium carbonate.-. 

. 

4.19 


2.53 

Lampblack. 


.20 


.12 

Ultramarine blue. 


.13 


.08 

Vehicle. 

39.55 


Linseed oil . 


79.61 

31.49 

Turpentine 



3.05 

1.21 

Petroleiun spirits. 



4. .58 

1.81 

Japan drier. 



9. 21 

3.64 

Water. 



3.55 

1.40 





100.00 

100.00 

100.00 

100.00 


No. 32 LIGHT STRAW. 


Pigment. 

57.03 




~ White lead (basic lead carbonate). 

8.25 


4.71 

Basic lead sulphate. 


4.12 


2.35 
11.17 

Lead sulphate. 


19. 59 


Zinc oxide.*. 


19. 59 


11.17 

2.22 

Magnesium silicate. 


3.90 


Calcium carbonate. 


2.47 


1.41 

Aluminum silicate. 


2.47 


1.41 

21.71 

.88 

Ocher®. 


38.06 


Chrome yellow b. 


1.55 


Vehicle... 

42.97 


Linseed oil. 


81. 78 

35.14 
1.15 
1.72 
4.18 

.78 

Turpentine. 



2.68 

Petroleum spirits.. 


4. 00 

Japan drier. 



9. 72 

Water. 



1.82 





100.00 

100.00 

100.00 

100.00 


a Ferric oxide, 20 per cent; silica and silicates, 80 per cent. 

6 Lead chromate, 72.5 per cent; lead sulphate, 27.5 per cent. 


Mr. Dewar. Here is the National Lead and Oil Company; they also saw the hand¬ 
writing on the wall, and within the year they have stopped and put on the formula 
label on all their packages of white lead. I wish to place one of them in the record 
also. 

(The label of the National Lead and Oil Company referred to is as follows:) 

National Lead and Oil Co. of Pennsylvania.—Beymer, Bauman & Co., 

Pittsburg. 

Weight of contents, 100 pounds net. 


Composed of— Per cent. 

Pure white lead. 92 

Pure linseed oil. 8 


100 

9 

Mr. Dewar. Now, touching the matter of short weight. Previous to this agi¬ 
tation of the paint legislation we were confronted from time immemorial with short 
weight and measure. In other words, under the national law, when you bought 
12£, 25, and 50 pound packages you bought gross weight. In other words, you were 
paying for lead and iron that entered into the construction of the package. To-day 
we get net weight in our lead—that is, 50-pound package has a 50 pounds of lead in 























































































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 95 


it, and that extended all along the line with regard to paint and paint material. 
Here is James Williams, of Cleveland, Ohio. Within the last thirty days we 
learned that they were labeling all their goods. I wrote that I had heard that 
they were labeling all their goods, and if true to let me know at once, and this is 
his letter: 

“Your valued favor of the 1st received. We are showing formula on our labels, 
and we take pleasure in advising our representatives to call and see you and aive 
you some of the labels.” 

Here is the Lincoln Paint and Color Company, of Lincoln, Nebr. I wish to place 
these labels in evidence. It is one of the largest houses in the West. They are label¬ 
ing all their goods. 

(The labels of the Lincoln Paint and Color Company referred to are as follows:) 

Lincoln Paint & Color Co., Lincoln, Nebr.; Dallas, Tex. 

' outside white. 


Pigments— 

Per cent. per cent. 

16. 95 zinc oxide. 26. 09 

41. 25 sublimed white lead. 63. 48 

4. 80 magnesium silicate.. 7, 39 

1. 97 calcium sulphate. 3. 04 


100 . 00 

Liquids— 
per cent. 

3. 66 turpentine and japan. 10. 48 

31.37 linseed oil. 89.52 


100. 00 100. 00 

INSIDE white. 

Pigments— 

Per cent. P er een t- 

45. 28 zinc oxide. 71. 42 

6. 81 sublimed white lead. 10. 73 

11. 32 calcium sulphate. 17.85 


19. 77 linseed oil. 

9.51 turpentine. 

7. 31 japan and naphtha 


100 . 00 


SILVER GRAY NO. 35. 


Per cent. 

11. 33 zinc oxide..... 

44. 45 sublimed white lead 
4. 84 magnesium silicate.. 
1. 99 calcium sulphate— 


2. 79 turpentine and japan 
34. 60 linseed oil. 


100 . 00 

Liquids— 
per cent. 

. 54.02 

. 26.00 
. 19.98 


100 . 00 

Pigments— 
per cent. 

.. 18. 18 
.. 70.91 

7. 73 
.. 3.18 


100. 00 

Liquids— 
per cent. 

. 7.47 

. 92.53 


100. 00 

Tinted with lamp black (100 per cent carbon); 
ferrocyanide). 


100 . 00 

Prussian blue (100 per cent ferric 





























96 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


Pigments — 
per cent. 

... 18. 18 
... 70.91 
... 7. 73 

... 3. 18 

100 . 00 

Liquids— 
Per cent. 


2. 79 turpentine and japan. 7. 47 

34. 60 linseed oil. 92. 53 

100 . 00 100 . 00 


Tinted with chrome green (5 per cent ferric ferrocyanide, 18.60 per cent chromate 
of lead, 76.40 per cent barium sulphate). 

LINCOLN BARN PAINT. SHADE DD. 

Per cent 


Ferric oxide. 23. 0z 

Magnesium carbonate. 2. 93 

Silica and silicates. 5. 43 

Calcium carbonate. 24. 38 

Linseed oil. 20. 90 

Japan and naphtha. 9. 20 

Varnish... 13.03 

Water. 1.11 


100.00 

PARAGON FLOOR PAINT. YELLOW. SHADE C. 

Per cent. 

Zinc oxide. 10. 04 

Lead chromate.22 

Ferric oxide. 5.33 

Calcium carbonate. 5. 60 

Calcium sulphate. 2. 30 

Silica and silicates. 14.15 

Linseed oil. 9. 40 

Japan and naphtha. 11. 29 

Water. 4. 02 

Varnish. 37.65 


100. 00 


PEA GREEN NO. 49. 

Per cent. 

11. 33 zinc oxide. 

44. 45 sublimed white lead. 

4. 84 magnesium silicate. 

1. 99 calcium sulphate. 


COLONIAL PORCH FLOOR PAINT. OXFORD TAN NO. 53. 

Pigments— 


Per cent. per cent. 

10. 58 zinc oxide.. 18.18 

41. 27 sublimed white lead. 70. 91 

4. 50 magnesia silicate. 7.72 

1. 84 calcium sulphate. 3.19 


100.00 

Liquids— 
per cent. 


1. 33 turpentine. 3.17 

8. 31 Japan and naphtha. 19. 87 

32.17 linseed oil. 76. 96 


100 . 00 100 . 00 


Tinted with scarlet oxide (98 per cent ferric oxide, 2 per cent silica and silicates); 
Indian red (70 per cent ferric oxide, 30 per cent silica and silicates); golden ocher (3.14 
per cent ferric oxide, 3.27 per cent lead chromate, 11.25 per cent calcium carbonate, 
42.05 per cent calcium sulphate, 40.29 per cent silica and silicates). 









































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 97 

COLONIAL PORCH FLOOR PAINT. COLONIAL GREEN NO. 54. 

recent. “T 

10. 58 zinc oxide. 18.18 

41. 27 sublimed white lead. 70. 91 

4. 50 magnesia silicate. 7 , 72 

1. 84 calcium sulphate. 3.19 


100 . 00 

Liquids— 
per cent. 


1. 33 turpentine. 3.17 

8. 31 Japan and naphtha. 19. 87 

32.17 linseed oil. 76. 96 


100.00 * 100.00 

Tinted with yellow ocher (30 per cent ferric oxide, 70 per cent silica and silicates); 
chrome green (5 per cent ferric ferrocyanide, 18.60 per cent lead chromate, 76.40 per 
cent barium sulphate). 

COLONIAL PORCH FLOOR PAINT. MEDIUM BROWN NO. 52. 


Per cent. * per cent. 

10.58 zinc oxide. 18.18 

41. 27 sublimed white lead. 70. 91 

4. 50 magnesia silicate. 7. 72 

1. 84 calcium sulphate. 3.19 


100. 00 

Liquids— 
per cent. 

1. 33 turpentine. 3.17 

8. 31 Japan and naphtha. 19. 87 

32.17 linseed oil. 76. 96 


100. 00 100. 00 


Tinted with scarlet oxide (98 per cent ferric oxide, 2 per cent silica and silicates); 
Indian red (70 per cent ferric oxide, 30 per cent silica and silicates); yellow ocher (30 
per cent ferric oxide, 70 per cent silica and silicates); lampblack (100 per cent carbon). 

CARRIAGE PAINT. VERMILION NO. 6. 


Per cent. 

Eosine. 1. 53 

Lead carbonate. 10. 67 

Minium. 18.28 

Linseed oil. 5. 64 

Japan. 3.33 

Varnish. 60. 55 


100. 00 

CARRIAGE PAINT. QUAKER GREEN NO. 4. 

Per cent. 

Carbon. 3.15 

Chrome yellow (100 per cent lead chromate). 6. 30 

Linseed oil. 9.45 

Japan. 6.30 

Varnish..... 74.80 


CARRIAGE PAINT. BLACK NO. 1. # 


Carbon- 

Linseed oil 

Japan. 

Varnish.... 


100. 00 


Per cent. 

2. 09 
9. 50 
8. 24 
80.17 


37414—S. Rep. 546, 61-2-7 


100. 00 









































98 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


ULTRAMARINE BLUE, IN OIL. 

Per cent. 

Ultramarine a . 65. 22 

Linseed oil. 34. 78 


100. 00 

a Complex furnace product of silica, alumina, sulphur, and sodium. 

PRUSSIAN BLUE, IN OIL. 

Per cent. 

Ferric ferrocyanide. 35. 72 

Linseed oil. 64. 28 


100. 00 

LAMPBLACK, IN OIL. 

Per cent. 

Carbon. 34. 78 

Linseed oil. 65. 22 


100. 00 

LANCASTER ENAMEL, SAGE GREEN, NO. 128. 

Per cent. 

Zinc oxide. 43.16 

Linseed oil.... 18. 88 

Japan and turpentine. 4. 85 

Varnish. 33.11 


100. 00 

Tinted with— 

Chrome green— . Per cent. 

Ferric ferrocyanide. 5. 00 

Chromate of lead. 18. 60 

Barium sulphate. 76. 40 

100. 00 

LANCASTER ENAMEL, WHITE, NO. 123. 

Per cent. 

Zinc oxide. 38.17 

Linseed oil. 17.17 

Japan. 6.11 

Varnish. 38. 55 


100. 00 

LANCASTER ENAMEL, ORANGE YELLOW, NO. 131. 

Per cent. 

Lead chromate. 11. 81 

Calcium carbonate. 11. 81 

Linseed oil. 14. 57 

Japan and naphtha... 2. 75 

Varnish. 59. 06 


100. 00 

' WAGON PAINT, GREEN, NO. 49. 

Per cent. 

Ferric ferrocyanide. 1. 62 

Lead chromate. 6.10 

Barium sulphate. 24. 69 

Calcium carbonate. 7. 71 

Calcium sulphate. 7. 71 

Linseed oil. 26. 56 

Japan and naphtha. 10. 95 

Water.... 3. 08 

Varnish. 11. 58 


100.00 









































ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 99 


Mr. Dewar. I have here an editorial taken from the Paint, Oil, and Drug Review, 
a Chicago publication in the interest of the manufacturers. It takes up the question 
of linseed oil, and the editor in his editorial says that all linseed oil in the market 
to-day is adulterated from 25 to 75 per cent petroleum at a price only a few cents 
under the market price of pure linseed oil. In other words, the adulterants that they 
use to reduce this 75 per cent they are paying 9 cents a gallon for petroleum oil and 
selling it at 70 cents a gallon. I wish to place that editorial in evidence as an exhibit. 

(The editorial is as follows:) 

“ Continued high values of linseed oil have enabled oil dopers to unload quantities 
of their petroleum products on the market at prices that must have been highly profit¬ 
able to them. These people sell an oil that is from 25 to 75 per cent petroleum at a 
price only a few cents under the market price of pure linseed oil, and they accomplish 
this by the grossest kind of misrepresentation. In other words, they sell their oil for 
pure linseed oil. Most of the buyers of such oil buy it under the impression that it 
is the real thing. Some of them know that they are parties to a fraud on the public, 
but continue to buy and sell doped oil because of the cents additional profit they can 
make out of it. But the ultimate buyer—the user of such oil—is the one who suffers 
the consequences. His property is injured by the use of the adulterated oil, which 
is dear at any price. In most instances he is the innocent sufferer in the transaction. 

“An Omaha concern sends out a long circular letter purporting to give a review of 
the linseed-oil and flaxseed market from a bull standpoint. Facts, figures, and fancies 
are cited to prove that linseed oil will not sell any lower this season and that it is likely 
to sell much higher. Then the reader’s cupidity is excited by offering him ‘boiled 
linseed oil’ and ‘raw linseed oil’ at a few cents under the market price. They say: 
‘We have only six cars of goods in our establishment.’ But they do not add that so 
long as the petroleum refineries continue to operate there will be an abundant supply 
of such ‘ goods’ at about 10 cents a gallon to them, which they can offer ‘ for immediate 
delivery only’ at 70 cents a gallon. 

“The wonder is that anyone will bite at such bait; that anyone could believe that 
an oil company would sell its ‘limited stock ’ of pure linseed oil at several cents under 
the market. But on the principle that ‘a sucker is born every minute’ these fakirs 
continue in business. 

“There is a legitimate trade in substitutes for materials of all kinds, a trade that is 
increasing on the merits of its goods; but misrepresentation is fraud in any line of 
business.” 

I have here the Acme White Lead and Color Works, whose labels I gave you. 
Some time ago in Michigan, within the last year, there was a paint bill up there, in 
every particular similar to the Heyburn bill. This is from the Detroit Times, under 
date of April 23: 

“The Acme White Lead and Color Works does not oppose the Waters bill”—that 
is the name of the bill before the legislature—“the pending bill, but on the other hand 
approves it, and has so stated to both the house and senate committee. The Acme 
Company is giving full weight and net measure and printing the formula of their paint 
on their labels. As that is practically the object of the bill, they see no objection in 
its passage. The objection is coming from outside of the State. Other States have 
passed similar laws and they have worked to the positive advantage of the interest 
of the paint manufacturers.” 

Gentlemen, that tells the whole 6tory. 

The Chairman. That is the Acme Company? 

Mr. Dewar. Yes, sir. 

The Chairman. Refer me to their label. I have the analysis before me. I would 
like to have the label compared with the analysis. I think you have already intro¬ 
duced it. , , . 

Senator Oliver. The Acme labels are already m evidence. 

The Chairman. Just select them. I want the labels of the Acme Company. I 
notice on this Acme label, under “New Era Paint,” it says: 

“Analysis: Pigment, 64 T 7 jj% per cent.” . 

That is in this particular analysis. Now, in the analysis, section 117, page 80, of 
the bulletin of the experiment station gives the pigments by weight 28j% per cent. 

Mr. Heckler. I beg pardon. Have you the same tints and color in the formula 

label as you have in the other? . x . 

The Chairman. That is what I am going to inquire about. I want to see the appli¬ 
cation of these labels to the tests that have been made. Now, will you take this 
bulletin number 70 and bring it in in the regular order, because we want to get at 
this, and make the statement as to the relation between that label and the analysis. 


100 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


Mr. Dewar. Well, Mr. Chairman, before I go any further I would say that since 
the exposure of Doctor Ladd’s work all over the paint industry they have largely 
changed the formulas, and you can not go by that. 

The Chairman. Here is one of this year. Can you find the Acme paint? 

Mr. Dewar. No, sir; they are not in that. Doctor Ladd wants to emphasize- 

The Chairman. Your explanation will answer. These labels are not the labels 
that were in use at the time that bulletin No. 70 was issued? 

Mr. Dewar. Yes, sir; that is perfectly correct. Now, touching the matter of short 
weight and measures, I want to read an extract from the speech of a manufacturer. 

The Chairman. You may do so if it is not long. 

Mr. Dewar. It is verv short. 

The Chairman. If it is long, we will just have it inserted in the record. 

Mr. Dewar. It is very short. He is president of one of the largest paint industries 
in the United States, and every manufacturer here will concede without a peer in 
the business of paint making.* The speech was made before the students of the 
Carnegie Technical School, of Pittsburg, and in that speech he makes this statement: 

“The sales of all paint produced exceeds $100,000,000 annually, and here again, 
previous to a reform inaugurated this year by some of the manufacturers themselves 
from within the National Association of Paint Manufacturers, investigation has shown 
that in ready-mixed paints, oil colors, white lead, etc., the average short weight and 
measure given to the American people exceeds 15 per cent, or over $15,000,000.” 

And that has never been controverted. There is other matter here that is very 
interesting, and I will offer it as an exhibit. 

Senator Oliver. Who is that talking? 

Mr. Dewar. It is Mr. Robert Perry, president of Harrison Brothers Company, of 
Pennsylvania, and that is an extract from an address, as I have told you, before the 
students of the technical school of Pittsburg. 

Mr. Heckler. May I just make one correction? Mr. Dewar, that includes the 
gross weight lead package. It is the custom of the trade to sell lead in gross weight, 
and these larger amounts included the gross weight lead package at that time. 

Mr. Dewar. I beg pardon; is it not a fact that in buying gross weight he bought 
lead and got iron? 

Mr. Heckler. Undoubtedly; but in getting that paint- 

The Chairman. If you want to ask any questions you may do so, but if you want 
to controvert his statement please wait until he has finished. 

Mr. Dewar. A year ago or less, before your committee, I was criticised very severely 
in saying that half of the ocher purchased in this country was simply yellow mud, 
that if it were mixed with water it would be known as yellow mud, but it was sanc¬ 
tified by the word “paint”—ocher mixed with oil. I want to quote from a text¬ 
book that is found to-day in the reference libraries, printed generally all over this 
country, compiled by Mr. A. H. Heath, of the Heath, Milligan Company. Every 
manufacturer in this room will say that he stands alone in his profession as a paint 
manufacturer, and it is edited by J. B. Campbell, of Chicago, a practical painter. 
He says, touching ocher: 

“In the past ocher was ocher, but with the present so-called French ocher, or 
domestic ocher, it is, more particularly speaking, yellow muds.” 

Now, we have ocher in this country, but the manufacturers prefer, many of them— 
all of them grand men as manufacturers and honorable men, who are above wrong¬ 
doing—and then we have some who are in the business for revenue only. But we 
want our paint the best, and we have no knowledge whatsoever of what is the best 
so far as looking at it is concerned. I want to show, Mr. Chairman, how far our 
knowledge extends as to the virtue of paint by simply looking at it. There [illus¬ 
trating by painting on glass] is a lead—one of those that is sold on the market—one 
of those that has a market all over the United States—that does not contain an iota 
of lead. There is another one [illustrating] that is marked “white lead.” Doctor 
Ladd in his bulletin says it is marked “pure white lead,” and it contains less than 
15 per cent lead. 

Mr. Heckler. Will you be kind enough to name those leads as you specify them? 

Mr. Dewar. I will be very glad to do it in a moment. The other is pure carbonate 
of lead. I want you. Senators, to select the stuff that has not an iota of lead in it from 
the stuff that looks like it and smells like it. 

The Chairman. You are going to tell us which is lead, are you? 

Mr. Dewar. Yes, sir; I will be very glad to do it. No. 2, as I have marked it 
here, is pure white lead. It is inferior in color. It is not as white as the other. 
Therefore, white lead is selected largely for its whiteness of color. Its name would 
imply whiteness—“white lead.” No. 1 is Climax White Lead- 

Mr. Heckler. How much is sold? 





ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 101 


Mr. Dewar. I can not tell you, because hundreds of tons of white lead are made in 
a year and I am quite sure that the dope stuff reaches that No. 1 Climax White Lead. 
It was bought in the open market, and there it stands without an iota of lead in it. 

Senator Oliver. What do they put in as a substitute? 

Mr. Dewar. Silicate—no, I beg pardon, barytes—pulverized rock, and when the 
oil and water dry out you might as well dust it off, just sweep off the dust. It is 
pulverized rock. 

The Chairman. What did you say that one was that you just spoke of? 

Mr. Dewar. The Climax. Here is the Anti-Trust White Lead, No. 3. You will 
find that at the back of the book. 

Senator Oliver. Of this book No. 70? 

Mr. Dewar. No, sir; of that one. 

The Chairman. The Anti-Trust White Lead, on page 122. 

Mr. Dewar. Now, there is No. 3 [indicating]; is that not a beautiful looking lead? 

The Chairman. Is that the Anti-Trust White Lead? 

Mr. Dewar. It is the Anti-Trust White Lead. Does it not look beautiful? As a 
master painter I would say that it is ideal white lead, and has less than 15 per cent 
lead in it. 

Gentlemen, these are the conditions that the master painter is confronted with, as 
■well as the consumers of paint all over the country. The farmer in the West and the 
negro in the great cotton belt of the South can look at his package of guano or fertilizer 
and read the chemical analysis there and be made wise. What is the farmer’s con¬ 
dition in the purchase of paint to-day? He knows nothing of it—nothing of it. He 
is buying water in place of oil and the barytes in place of lead. 

I thank you, gentlemen. 

The Chairman. Let me ask you who makes the “Climax lead?” 

Mr. Dewar. I do not know. 

The Chairman. You do not know whose brand it is? 

Mr. Dewar. I only know that it was bought in open market, and bought in St. 
Louis, and scattered all over the country. 

Senator Oliver. Considering the proportions of it, I should not think they would 
manufacture much of it. 

Mr. Dewar. No, sir. I have much more to say, but at this time I will give way. 

The Chairman. We will hear from the gentleman representing the other side of 
this question. You may select the man that you want. We want to get an outline 
of both sides to start with. 

STATEMENT OF ERNEST T. TRIGG. GENERAL MANAGER JOHN LUCAS & 

CO., PHILADELPHIA, PA. 

Mr. Trigg. Mr. Chairman, I have made notes in a general way of the comments 
that I want to make here this morning, and I shall not attempt to reply directly to 
any of the comments of Mr. Dewar. 

Mr. Dewar. One moment. Mr. Chairman, may I be pardoned, if I ask a question? 
Is this just quite fair; is he here to criticise my statement or to make a statement of 
his own? 

The Chairman. You are here to criticise each other. We want to get at the bot¬ 
tom of the whole thing and get at it from the beginning. So you will have the same 
right. 

Mr. Dewar. I thank you, sir; that is all I want. 

The Chairman. Mr. Trigg, what is the name of your company? 

Mr. Trigg. John Lucas & Co., of Philadelphia, Pa. 

The Chairman. Is that the name of the paint? Is it called the John Lucas paint? 

Mr. Trigg. Yes, sir; John Lucas & Co.’s Tinted Gloss Paint. You will find it in 
that bulletin, if it is the latest one, that you have before you. 

The Chairman. Yes; I have it. On page 105. I simply wanted to identify it. 
I find it is on page 105 of Bulletin No. 70. 

Senator Oliver. It is on page 119 in the other volume. 

The Chairman. “Tinted Gloss Paints.” It is “Lucas’s Gloss Paints.” It is on 
page 119 in Bulletin No. 86. You may proceed. 

Mr. Trigg. The comments I have to make will not be in reply to anything that 
Mr. Dewar has said to you; on the contrary I will set forth in a general way the objec¬ 
tions of paint manufacturers to the proposed Senate bill. 

The attitude of thoughtful men toward paint legislation along the lines suggested 
is based on something deeper and broader than its mere temporary effect upon their 
business. While there can be no possible objection on the part of any honest manu¬ 
facturer,* in any line, to laws compelling net weights and measures, nor any valid 


102 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 

objection to laws penalizing misrepresentation or misstatement on labels or in adver¬ 
tising matter, the laws proposed go much further, in that they require the formula on 
the package. This proposes to take from the paint manufacturer, without compensa¬ 
tion, one of his chief assets. It opens to ignorant, indolent, or irresponsible competi¬ 
tion an easy road to commercial piracy, particularly so in view of the fact that the 
duplication of a formula does not necessarily imply a duplication of quality, there 
being other vital considerations, such as grading of materials for color, fineness, strength, 
and tone, thorough grinding and incorporation, etc., equally as important, if not more 
so, than the composition chemically. , 

After several years experience with certain state laws along this same line, and a 
careful sizing up of the results, we can not see wherein such a law serves any good 
purpose. While the law is supposedly in the interests of the consumer, it is a fact 
that the formula labels now in use in States where they are required by law are th°r- 
oughly unintelligible to the average consumer. For example, the analysis label 

appearing on a certain small package of household paint reads as follows: 

° Per cent. 

Coloring material 

Linseed oil.. 

Japan drier. 

Turpentine. 

Naphtha. 

Water. 


32. 50 
49. 26 

5. 68 
L 95 

6. 56 
4. 05 


100. 00 

Mr. Dewar. May I make a statement? 

Mr. Trigg. Let me finish that. The coloring matter consists of— 


Lemon chrome yellow: Percent. 

Lead chromate. 70. 10 

Lead sulphate. 29. 90 


Drop black: 

Animal carbon. 9. 00 

Calcium phosphate and carbonate. 91. 00 


100. 00 


Blue green: 

Chinese blue. 8. 00 

Chrome yellow. 17. 00 

Barium sulphate. 37. 50 

Calcium carbonate. 37. 50 


100 . 00 

Mr. Dewar. He has answered the question I was going to ask. 

Mr. Trigg. To the average consumer this simply represents a mass of figures which 
insures nothing to him so far as results are concerned, and we contend that results are 
what the consumer requires and expects from the manufacturer rather than a mere 
statement of composition. Such an analysis label affords no protection to the house 
owner whose work is intrusted to an unscrupulous painter. It is a fortunate thing 
for consumers that there are some honest, conscientious painters, but it is even more 
fortunate that there are those among the craft whose standard of honesty and integrity 
is sufficiently low to permit of extensive manipulation of first-class materials supplied 
to them with which to do the work- 

Senator Oliver. Mr. Trigg, I suppose an unscrupulous painter can take good 
materials and water them or doctor them and do very bad work, but would it be possi¬ 
ble for the most unscrupulous dealer to do work with bad material? 

Mr. Trigg. In answer to your first question, it would be possible for a painter to 
manipulate and adulterate so-called good materials as he saw fit. 

Senator Oliver. But if the material, to begin with, had already been manipulated 
or adulterated, would it be possible for the painter to do good work? 

Mr. Trigg. It would not be possible to do good work with it; no, sir. It would 
not be possible for him to do good work with first-class material which he had adul¬ 
terated . 

Senator Oliver. But you can not take poor material and do good work with it. 

Mr. Trigg. No, sir; if you make the same adulteration and you start in the one 
instance with a better class of goods than in another instance, surely the same relative 
results would continue all down the line—that is, as I say, if you used the same amount 
























ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 103 


of adulteration. No matter how good a paint product may be, the results obtained 
from its use (and with it the manufacturer’s reputation) oftentimes stands a very 
poor chance in the hands of such a painter. Positively no good purpose can be served 
by the formula label on the package in such cases. 

The Chairman. Let me interrupt you. You say no good purpose can be served. 
Do you not think some good purpose could be served to the ultimate consumer if the 
goods did contain white lead of a very small percentage by means of the formula? 

Mr. Trigg. I was saying this, that in the case of a good paint in the hands of an 
unscrupulous painter, if that paint bore the formula label of a good painter and he 
takes the package and manipulates and reduces and adulterates that as he saw fit, 
in that case the house owner, whose house is being painted, is not benefited in any 
way by the fact that it is on the package. 

The Chairman. In that case he would be punished for the same fraud that might 
be perpetrated by anyone else. 

Mr. Trigg. I do not understand the reading of the law that way 

The Chairman. We have a law that reads that way. 

Mr. Trigg. We are dealing with the bill as we read it. We did not understand that 
there was any such provision as that. 

The Chairman. The manufacturers certainly do not suppose that there was any 
fraud of a kind that might be perpetrated that would make the party answerable to 
the law? 

Mr. Trigg. That is a practice that has been in force to a very large extent for a 
great many years. I believe the painters present will agree with me in that state¬ 
ment that there are painters who have followed that sort of practice for a good many 
years, and I, at least, have never heard of.any punishment being meted out for that 
kind of practice. 

The Chairman. You may proceed. 

Mr. Trigg. The placing of formula labels on a paint can, as stated before, opens the 
road for irresponsible competition, to duplication, and the outright stealing of another’s 
stock in trade. No incompetent manufacturer will take the trouble to investigate 
or study if he can poach on the business of the leaders in the industry by simply 
■ copying the formulas on their can. Under such conditions all incentives to progress 
or improvement would be gone, since no manufacturer would care to spend his money 
in investigation when all that he might discover or develop must be published on the 
first can of paint sold. 

The Chairman. Let me ask you on that point—and it is a question that always 
arises in the mind of the inquirer—Is it not true tlmt any paint can be taken apart 
and its component parts classified with exact certainty in the laboratory? 

Mr. Trigg. May I not just read the next paragraph of my statement which answers 
your question? 

It has been said that the publication of paint formulas does not work any additional 
hardship to the manufacturer for the reason that any chemist can analyze a paint 
sample and determine its composition. 

I believe that is your question. 

The Chairman. Yes. 

Mr. Trigg. This statement is not based upon fact, as can be shown by instance after 
instance of analysis made by experienced chemists, including government chemists, 
which have varied radically from one another and from the actual composition of the 
material. Furthermore, composition is not the only thing necessary to make a good 
paint. The selection of the materials, method of procedure, proper and thorough 
incorporation; in a word a very liberal percentage of paint brains is absolutely essential 
in the production of a good paint. It is one thing for an irresponsible manufacturer 
to purchase a can of paint made by some reputable grinder, send it to a theoretical 
analyst for analysis, and with this information produce a paint of his own which he 
claims to be equal to the other brand. It is quite another story for such an irresponsible 
manufacturer to have the printed analysis of a reputable manufacturer printed on 
his own labels, word for word, and percentage for percentage, and then stand his 
can of paint alongside the other can in the open market and show that his composition 
is exactly the same. In the first instance it is simply the word of the irresponsible 
manufacturer against the years of service and responsible dealing of the other. 

The Chairman. Do you mean that even though the fact were not true that he might 
so label it? One of the provisions of this bill requires that if any such statement as 
that shall be made regarding the ingredients or the substances contained therein, 
which statement, design, or device shall be false or misleading' in any particular, 
then the party shall be criminally liable. 

Mr. Trigg. I do not mean that. I mean that the irresponsible manufacturer 
might have a paint which would chemically analyze the same in the hands of a chemist 
or show to be the same thing. 


104 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


The Chairman. Would that be unfair because it happens to analyze just the same 
as some other paint? 

Mr. Triggs. I am coming to that. Just a word in connection with the manufacture 
of paint. The durability of a paint depends upon the length of time the pigments 
and liquids in the paint remain combined as a part of one another. Just as soon as 
separation sets in disintegration of the paint film begins. Consequently you will 
readily understand that the more thoroughly the particles of pigment and liquid are 
combined and made a part of one another, the longer the paint will wear. To prop¬ 
erly grind the base for a house paint takes a much greater length of time and costs 
much more than it would to simply put the pigments and liquids together in a so-called 
mixture. Yet two paints made of the same materials, one properly ground, the other 
simply mixed, should show in the hands of the same chemist the same composition. 
This feature of thorough grinding and incorporation of pigments and liquids is consid¬ 
ered of so much importance by most paint manufacturers that a considerable portion 
of their plant investment is in expensive grinding machinery. It is an indisputable 
fact that experienced, responsible painters will refuse to accept and use paint which 
is not properly ground. Another detail of this phase of manufacturing is the fact that 
the thorough grinding of a batch of materials will yield considerably less in volume, 
or in number of gallons, than the same quantity and percentage of materials when 
simply put through a mixer. This increases the cost of producing a properly ground 
paint materially. A properly ground paint will cover considerably more surface than 
a paint improperly made, which is decidedly to the interest of the painter or consumer- 
all of these points of vital importance can not be shown by formula label. To sum 
this up, it means briefly that the reputable manufacturers suffer an injustice by the 
comparison between two labels which are; in fact, identical, but do not both show 
the all-important feature of the care and expense given to the proper manipulation 
of those ingredients. 

The physical problem from the standpoint of the majority of paint manufacturers- 

The Chairman. Let me ask you a question there. Are we to assume that those fcr 
which no formula is presented are not analyzed; that the manufacturers themselves 
do not know the contents of the package? 

Mr. Trigg. You are referring to- 

The Chairman. I am referring to that statement that only the wealthy can have 
a chemical analysis. I want to know whether or not the remainder send their paints 
upon the market without any analysis that would enable even the manufacturer to 
to know the percentage? 

Mr. Trigg. They send it on the market without a chemical analysis, without the 
use of chemical terms on the formula label. The manufacturer well knows the com¬ 
position of his paint from a practical standpoint. But there are a good many manu¬ 
facturers who would not understand it, or be sufficiently familiar with the chemical 
names of the different materials entering into his paint, to make an intelligent formula 
label or statement on his label; consequently it would be necessary for him to consult 
some outside chemist—secure the services oi an outside chemist to straighten that out 
in order that his labels might get out properly. All the time this manufacturer would 
thoroughly understand the proper making of a good paint from a practical standpoint, 
and have good paint. Those manufacturers not having chemists of their own would 
be obliged to engage outside chemists to assist in the preparation of the necessary 
chemical data for this purpose, and they would be under continual expense along this 
line from time to time in order to keep their formulas up to date. The profits in the 
paint business with most manufacturers is not sufficient to warrant such an expense. 

Another serious difficulty which would confront all manufacturers, were such a 
formula labeling law as is proposed enacted, would be in the changes from time to 
time which are being made in formulas looking toward improvement. 

The Chairman. Let me ask you a question there. Could you, or would you, give 
us the names of some paint manufacturers—those mentioned in this book, or possibly 
outside of it—who do not know the chemical analysis of their own paint, and who send 
them out in this way? 

Mr. Trigg. I do not care to do that, Senator. 

The Chairman. I did not know whether you would care to or not. 

Mr. Heckler. May I interject a remark there? 

The Chairman. No; you can make a note of it and reply to it afterwards. 

Mr. Heckler. It is in explanation of that paragraph. 

The Chairman. Well, you are going to address the committee later, as I understand. 

Mr. Heckler. Yes, sir. 

The Chairman. Then, you can simply make a note of it now. 

Mr. Trigg. There are very few manufacturers, if any, who are not continually 
experimenting with new materials and testing out various combinations of old and 




ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 105 


new materials toward the end of improving their products. You can easily appre¬ 
ciate the difficulty in which the manufacturer will find himself who desired to change 
his formula and who had on hand perhaps thousands of dollars worth of old formula 
labels, plates, etc., all of which he would be obliged to destroy if the formulas were 
changed. If the manufacturer considered the change of sufficient importance to 
warrant the loss incurred by destroying the old labels, he would then be confronted 
with a more serious and possibly more expensive proposition from the fact that as 
soon as his trade commenced to receive goods with a different formula label (and he 
could depend upon his competitors to call the attention of his trade to this, if the trade 
did not notice it themselves), then he would most likely have a demand from his cus¬ 
tomers for the new improved goods and with it the return of the old-formula goods, 
which would be worth little, if anything, in his own factory after a new formula was 
adopted. It can readily be seen how a formula-labeling law would effectively kill 
all progress along new lines in the paint manufacturing business and the extensive 
and expensive research work and investigations which have been carried on so suc¬ 
cessfully for a number of years to the material benefit of the consumer and property 
owner would come to a standstill. 

There are paint manufacturers in this country who have been in business for a 
great many years, a number of businesses to-day being in the hands of the third and 
fourth generations. George D. Wetherill & Co., of Philadelphia, for example, having 
been established over a hundred years ago. The formulas and methods of manufacture 
in use by these manufacturers are the results of the life’s work of then forefathers. 
To require that all of the information and knowledge gained through these years 
should be divulged over night, as it were, seems most unfair and unjust. There are 
manufacturers making certain specialties, such as, for example, the ship-bottom paint 
manufactured by the New Jersey Paint Works, whose business would be seriously 
menaced if they were obliged to state the formula on their packages, thus making it 
public property. In the instance of the product just referred to various foreign, as 
well as local, chemists have been trying for years to determine the composition of 
this material, but have so far been unable to do so. A large business on this product 
has been built up by the manufacturers which would undoubtedly be seriously 
affected were they to be obliged to tell their competitors just how they made these 
goods. 

To properly follow up the provisions of such a law as proposed, would mean a large 
force of inspectors. The work of these inspectors would undoubtedly mean a more 
or less serious interference with and interruption of the factory operations. A chemist 
to properly handle such work would necessarily have to have considerable actual 
paint experience, and in fairness to the manufacturers they should be thoroughly 
competent paint chemists. There have been many instances of analysis made by 
government chemists which have been incorrect and which have on thorough inves¬ 
tigation been so proven. This all takes time and represents a considerable expense 
to°the manufacturer, both in actual money and oftentimes loss of trade due to the pub¬ 
licity given the original findings. For ail of this expense and loss of trade the manu¬ 
facturer has absolutely no redress. # . 

The question naturally arises in our minds, is there a real sincere demand for for¬ 
mula labels on the part of the masses who are interested in paint from the standpoint 
• of protection and appearance? We do not believe there is. So far as the company 
which I represent is concerned, we have not had a request from a customer—either 
painter, dealer, or consumer—for formula labels on their packages. The point of vital 
importance to the consumer is the service result. The name of the manufacturer 
on the package is, or should be, sufficient guaranty as to the quality of the product. 

It must not be overlooked in considering this most serious proposition from the 
manufacturer’s viewpoint that the formulas and good will of an established paint 
business have a real and, in most cases, a high market value. The law proposed 
would eventually destroy this value, for the reason that the formulas would become 
public property, and with that the property of all competitors, while the good will 
would be rapidly dissipated from the fact that the final outcome would undoubtedly 
be a general standardization of formulas. The smaller ones would follow the stand¬ 
ards set up by larger manufacturers, and through a gradual process of evolution we 
would eventually get to a general standard for every one. . 

Standardization would inevitably lead to combination, which is the one thing the 
Government, through its various departments, have been discouraging and attempting 
to break up during the past few years more than any other one thing. It is possible 
that a few manufacturers who favor combination see in this measure a valuable instru¬ 
ment toward that end, while other manufacturers deprecate and dread it for the same 
reason. There have been abuses in the paint trade, as in other classes of business, in 
the past, and there probably will be more or less in the future. At the pa ihe time, ve- 
earnestly recommend to your committee for its consideration a general bill covering 


106 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


manufacturers in all lines of business, making necessary full measures and net weights 
and prohibiting, with the proper penalties, misbranding and misstatements of any 
kinds on advertising matter, literature, etc. We believe such a law would absolutely 
correct any abuses which still exist in our particular line of industry, and would serve 
a much more practical and beneficial purpose with consumers of all kinds of materials 
than an attempt to single out one industry and take from it, without compensation, 
one of its chief assets, which would be the result of the enactment into a law of Senate 
bill No. 1130. 

The Chairman. I suppose you do not care to be questioned about any particular 
analysis of your j)aint? 

Mr. Trigg. Is it important that that should come up? 

The Chairman. You can do that voluntarily. The record will stand against it if 
there are any statements regarding it. For instance, page 119 in this Bulletin No. 86, 
laboratory Nos. 509 and 512. If you desire to controvert this statement, you will be 
given an opportunity to do so; but I think it is proper for the committee to fix some 
limit on the length of the statements of the witnesses. The two gentlemen who have 
spoken have occupied eight minutes less than an hour. 

Mr. Dewar. That is satisfactory. 

The Chairman. Each side has* been heard from at some length, and hereafter I 
think unless special circumstances require a change that the committee will limit the 
time to fifteen minutes. 

Mr. Trigg. In connection with this I will say just a word. The first analysis covers 
our “outside white.” That analysis is not correct. 

The Chairman. Then, the analysis of the pigment, which is more material, shows 
asbestine (silica and magnesia) 16.50 per cent, and shows the white lead 26.43 per 
cent. I call your attention to these things because this document, while not official 
to the Government, is official to the State. 

Mr. Trigg. Yes, sir. That pigment analysis is practically correct. The liquid 
analysis is not correct. The liquid analysis is shown as 88 per cent of linseed oil, 12 
per cent of turpentine drier, with no water. That is a very good showing in itself; at 
the same time, the real analysis is 95 per cent of linseed oil and 5 per cent of tur¬ 
pentine drier. 

The Chairman. Your No. 512 says pure oil and the analysis shows 88. 85 per cent 
of oil. 

Mr. Trigg. The amount of turpentine drier in that paint is only to give the proper 
drying properties. The balance of the liquid is pure linseed oil. 

The Chairman. I merely wanted to call your attention to it, because we can not 
possibly take up all these analyses at this time. 

Senator Oliver. I want to ask you a question. I recognize the force of your argu¬ 
ment against opening up to the world the different formulae of manufacturers. Now, 
what do you do for your trade in the States that require the publication of the formula? 

Mr. Trigg. They are putting the formula labels on the packages at the present time. 
We are complying strictly with the law. 

The Chairman. Is it hurting your trade any to do it? 

Mr. Trigg. I do not think we have suffered any loss of business. 

The Chairman. That formula could not be copied anywhere else, could it? 

Mr. Trigg. That formula could be, and undoubtedly has been, copied. 

The Chairman. Then this act would not tend to defeat the maintenance of secrecy 
of your formula at all? 

Mr. Trigg. No, sir; the information is accessible to anyone who wants it, but it 
is not distributed generally, and it is more or less trouble to get it. 

The Chairman. We will now hear from Doctor Walker, of the Bureau of Chemistry 
of the United States, if he is present. We will give you fifteen minutes, Doctor. 

STATEMENT OF PERCY H. WALKER, CHIEF OF CONTRACTS, BUREAU OF 
CHEMISTRY, DEPARTMENT OF AGRICULTURE. 

Doctor Walker. Mr. Chairman, I think that less than that time will be sufficient. 

I am not an advocate of this bill and I am not an opposer of it. 

The Chairman. Will you please state the nature of your occupation and what it 
relates to? 

Doctor Walker. I am an analytical chemist in charge of a certain line of work in 
the Bureau of Chemistry, a large part of which is the examination of supplies pur¬ 
chased by the different departments of the Government, including the examination 
of a great many samples of paint. I would rather, if I were called upon, answer any 
questions rather than make a set speech, as I am not an advocate of either side. 

The Chairman. You made an analysis of paints, and can you give us the results, 
stating the name of the manufacturer and the place where manufactured? 


ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 107 


Doctor Walker. I have made some, but can not give them to you off-hand. I 
have made a great many examinations of paints where no attention was paid to 
the name of the manufacturer. Frequently they were given to me in cans, but I 
did not know the name of the manufacturer—samples from the different departments 
of the Government. I have also made analyses of quite a number of paints w r hich 
were bought in the open market. I have not with me a list of those, but they could 
be procured, if necessary. 

The Chairman. Then I think we will defer your hearing until you can do that. 
I would like to have you bring in the cans, and bring in the names, giving those who 
do, as well as those who do not. 

Doctor Walker. Does the committee desire to have all of this data? 

The Chairman. I do not know how extensive it is. 

Doctor Walker. It is very extensive. It would be a very voluminous report. 

The Chairman. Just give us a characteristic report that will represent the char¬ 
acter of your work. 

Doctor Walker. Then I would suggest, if you will allow me, that we might give 
you an abstract of the paint and oils which were bought around in the open market. 

The Chairman. By the Government? 

Doctor Walker. No; the Government did not buy them. They were sent out 
for and bought by inspectors, simply to get information, and this has never been 
made public. It is the policy of the Government simply to get our information and 
not to make it public on a line of work that we are engaged in. 

The Chairman. Then we will defer your examination, Doctor, for the present, 
and at an early day as convenient be prepared to give us the result of your work and 
the facts in regard to it. 

Mr. Heckler. May I ask the Doctor a question, whether the analysis as obtained 
by you is a direct indication of the quality of the paint in actual use? 

The Chairman. Of w T hat paint in actual use? 

Mr. Heckler. Of any paint; if the analysis is an indication of the quality of the 
paint in actual use. 

The Chairman. The paint examined, do you mean? 

Mr. Heckler. Yes, sir. 

Doctor Walker. I will say that some cases it is. For example, we have bought 
samples of white lead that did not obtain as much as 1 per cent of white lead, the 
remainder being barytes. I would undoubtedly say that that analysis clearly indi¬ 
cated that that material was worthless; it was adulterated. We have bought samples 
of linseed oil which contained a large amount of petroleum oil, and would say that 
that indicated that it was not good linseed, and in other cases we have examined 
samples of paint where the analysis did not show the actual value of it. What the 
gentleman has stated in regard to the analysis as to the value of the paint or varnish 
in all cases, is undoubtedly true in the main. It very often will not show it, but in 
a great many cases it does. There are limitations to the chemical analysis, as you 
can imagine as well as I. 

The Chairman. We will now call on Doctor Stratton, Director of the Bureau of 
Standards. 

STATEMENT OF DR. S. W. STRATTON, DIRECTOR OF THE BUREAU OF 

STANDARDS. 

The Chairman. Mr. Stratton, are you prepared to give a statement in some detail 
as to the facts with regard to the examination of paints, etc.? 

Mr. Stratton. I think, gentlemen, my statement would agree with that made by 
Doctor Walker. Our experience is limited to the examination of paint bought by 
some of the people under the Government to ascertain whether or not they complied 
with the terms and specifications. 

The Chairman. What is the result of such examinations generally? 

Mr. Stratton. The examination as made in a great many instances showed things 
were not what they were represented to be. 

The Chairman. Represented? 

Mr. Stratton. We have found practically as Doctor Walker has found, that in 
many instances there was a very small percentage of what the goods were claimed 
to be. I was glad to hear the gentleman who spoke for the manufacturers say that 
the manufacturers would not oppose any effort to maintain the net weight, and to 
punish misrepresentation; that they would agree with that. That is the gist of the 
whole matter. It is quite true that there are many things about it that we do not 
understand. The physical proportion has a great deal to do with it; but I do not 
quite agree with the gentleman as to what the trade manufactures—I do not know 
what they are putting into it—but I think the greatest trouble we have is to get a 


108 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


chemist who is the equal of the paint manufacturers. Is that not true, Doctor 
Walker? 

Doctor Walker. There is a good deal of truth in that. 

Mr. Stratton. Our experience in the white leads sold is that they are very infe¬ 
rior in quality and make, and the paint sold is inferior in quality, and I will say 
also that in many cases the Government's specifications are poorly drawn. The paint 
manufacturers will agree w r ith me that in certain cases chrome green would be speci¬ 
fied where the use of the absolutely pure chrome green would not be as good as an 
article that we might say was adulterated. However, that was the fault of those who 
drew the specifications. There is great danger on the part of the laboratory people 
drawing conclusions or interpreting the results of scientific analysis without due 
regard to practical experience. It is only by the combination or the cooperation of 
the chemists and paint industry that we can arrive at standard specifications, and 
that is what it w r ould mean if you come to a set formula; but certainly we should 
compel the net weight and the correct representation of the article, making it an 
offense to misrepresent the quality of the article. When we buy white lead we w r ant 
white lead. It may be true that some of the ultimate users of the paint do not know 
the value of the paint, but certain things are generally accepted. The value of lin¬ 
seed oil, the value of white lead, and the value of certain chromes and varnishes 
are pretty well known by even the common people who use those things, but I do 
not see any reason why the manufacturer should not have the privilege of compound¬ 
ing and inventing new paints—paints which take the place of others. 

Soipebody may find a paint which is superior to white lead and w'ould cost one- 
fourth of the amount, and if so, why not do it? But those who want white lead should 
have the privilege of buying it and should not feel that they are getting anywhere 
from 95 to 98 per cent of barytes. We have found—and I have no doubt that "Doctor 
Walker’s experience has paralleled our own, and he has had much more experience 
along this line than we have had—that there has been a failure on the part of the 
contractor to meet specifications for paint purchased for the light-house board, and 
I should think that all reputable manufacturers would get right behind something of 
this kind and put it through, because here was clearly a case of where the purchasing 
agent of the light-house board was afraid to accept the higher bidder and accepted the 
lowest bid merely because it was not in his power to determine the character of that 
paint. And what happened? The man got the order who probably never makes 
much paint or any at all. The terms, for instance, alcohol or shellac, that were sup¬ 
posed to be in the specifications, called for pure shellac dissolved in grain alcohol, 
and we found that it showed a percentage of wood alcohol and so reported, and it w 7 as 
rejected. 

Then we had this usual howd that the manufacturer sets up when a government 
chemist happens to make a mistake, and we thought perhaps he had made a mis¬ 
take, and it was reexamined and we were put to an enormous lot of trouble trying 
to find out those supposed mistakes. We make mistakes, it is true, but as a rule we 
do not. On reexamination we found that there was not a single bit of grain alcohol 
in that. It w r as all wood alcohol and varnish which was to be dissolved in turpentine; 
that is, of which the solvent was to be turpentine, and a very small percentage of 
turpentine resulted. 

Like Doctor Walker, I will state that I will answer any questions that I may be able 
to answ r er which my limited knowledge will allow. 

Mr. Wood. As to the price you paid for that article, how did it compare with what 
it should have been if it had been labeled right? 

Mr. Stratton. I will say in this case, as in most cases where the Government is the 
purchaser, the lowest bid is accepted. 

Mr. Wood. Suppose you find linseed oil to-day quoted at GO or 70 cents, and vou 
knew the price was much lower than that, you would naturally look for adulteration, 
would you not? 

Mr. Stratton. Yes; but that thing is done in order to get business. People fre¬ 
quently buy away below the price, but the Government can look out for itself. I think 
we have sufficient laboratories to look out for us, but what is the public going to do 
that can not go out and hire chemists? 

Mr. Wood. That is the whole point in this labeling law. To get a reputable chemist 
it would cost three or four thousand dollars a year. 

The Chairman. Certainly the manufacturers are in a better position to get chemists 
than the householder or the house painter. Mr. Stratton, will you let us have your 
experience now as an analytical chemist, dealing with this substance? 

Mr. Stratton. My experience has not been in that line of chemistry. We have 
about twenty chemists in the Bureau of Standards, but those reports ail go through 
my hands. It is a matter in wdiich I have taken the greatest interest. I think^ I 
have stated my own opinion about that. 


ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 109 


Mr. Dewar. Doctor Stratton has stated that in the purchase of lead, or rather in 
his examination of lead, he has found a package marked lead in which there is not an 
iota of white lead, and so along the line, I am quite sure, with respect to all painters’ 
materials, if you should go into the question. Now, referring to oil, the life of paint, 
you find that it would run anywhere from 10 to 70 per cent adulterated with petro¬ 
leum, do you not? 

Mr. Stratton. Yes; at various times. 

Mr. Dewar. And to-day sold on the market and labeled as pure linseed oil? 

Mr. Stratton. It was bought on specifications that called for that. 

Mr. Dewar. The government specifications called for pure linseed oil, and you 
found it adulterated with petroleum at 9 cents per gallon and sold to the Government 
for the market price of the day? 

Mr. Stratton. That is generally true of all adulterations. 

Mr. Dewar. Does this not also apply to turpentine? 

Mr. Stratton. Yes, sir. 

Mr. Dewar. And is it not a fact that an expert chemist or a painter can not tell 
the nature of those goods by looking at them or smelling them? Is that not a fact? 

Mr. Stratton. It certainly is. 

Mr. Dewar. He is wholly at the mercy of the illegitimate manufacturer—both 
farmer and consumer—are they not? 

Senator Oliver. I think you have pursued that matter far enough. 

Mr. Dewar. I beg your pardon. 

The Chairman. Doctor Stratton, do you care to say anything further? 

Mr. Stratton. No, sir. 

STATEMENT OF JOHN THEOBALD, PAINTER, CINCINNATI, OHIO. 

The Chairman. Will you please give your name and place of residence? 

Mr. Theobald. My name is John Theobald; my residence is Cincinnati, Ohio. I 
am a contracting painter of thirty-three years standing. 

I am surprised to hear Mr. Trigg make the statement about the good material going 
into the hands of the unscrupulous painter, and being adulterated there. As a con¬ 
tracting painter in our State for a number of years I have been under the impression 
that the adulterations were made before the goods got into the hands of the painter, 
and as far as I am personally concerned I would say that there has never been any 
adulteration practiced in my establishment. Further, in regard to the man that makes 
pure materials, and who has a chemist in his establishment, I would like to read you 
an extract of Doctor Ladd’s bulletin 86, on page 122: 

“Lab. No. 516. Royal White Lead? E. P. and V. Co. M. B. Cochran, president, 
Pittsburg, Pa. Net weight, 24 lbs. 5 ozs.” 

Evidence 11 ounces short of 25 pounds— 

“White lead” [in this package] “43.32 per cent.” 

All other matter is foreign matter. 

“Lab. 517. Anti-Trust Pure White Lead. Linseed oil. Benjamin Moore & Co., 
New York and Chicago. Net weight, 24 pounds 7 ounces. W T hite lead, 13.08 per 
cent. ” 

The Chairman. I would suggest, Mr. Theobald, that this book is already in evi¬ 
dence, and before the committee, the one from which you are reading, so that the 
committee will have all of these details. If you want to use them as the basis of any 
remarks, you may proceed. 

Mr. Theobald. The only remarks I wanted to make, or the only statement I wanted 
to make, was with respect to the wording of this analysis. That is all I wanted to refer 
to. 

The Chairman. You may proceed. We have this already before us. 

Mr. Theobald. Then there is no need of proceeding. 

The Chairman. Not unless you desire to make some comment in your experience 
with regard to that. 

Mr. Theobald. No, sir; I have never used any of the adulterated leads. 

Mr. Dewar. How ao you know it? 

Mr. Theobald. Because I bought the standard brands. [Applause.] 

Mr. Dewar. May I say- 

The Chairman. One at a time. Now then explain this; you seem to have created 
some interest here. 

Mr. Theobald. I have bought a brand of lead, Mr. Chairman and gentlemen, that 
has been known to be pure as long as it has been made. It is not one that has been 
standardized by the Government or by any state law, but since the discussion of 
the formula label has come up these leads ^that are used in my establishment have 
a formula attached. 



110 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


The Chairman. Is it any label that is mentioned in this bulletin? 

Mr. Theobald. No, sir. 

The Chairman. Give us the name of it. 

Mr. Theobold. I use the Anchor white lead, the Eagle white lead, and the Phcenix. 

The Chairman. Have you any analysis of those leads? 

Mr. Theobold. Not with me; no, sir. 

The Chairman. Have you had them analyzed? 

Mr. Theobold. No, sir; I have not. 

The Chairman. Does any member of the committee desire to ask any questions? 

Mr. Dewar. Mr. Chairman, is it not quite clear that- 

The Chairman. Would you not rather defer your conclusions until later? You are 
not called upon at this time to argue the matter. 

Mr. James Roach. Do you consider it necessary to have an analysis of what you 
know to be the typical white lead, and what you are sure yourself is strictly white lead 
without analysis? 

Mr. Theobold. Not as long as these concerns are the ones that sell me the stuff. 

Mr. James Roach. Can you not detect it in five minutes if there is one iota of 
adulteration in the white lead? 

Mr. Theobold. No; I would not want to say that, Mr. Roach. 

STATEMENT OF GEORGE BUTLER. OF THE FIRM OF THOMAS S. BUTLER & 

SON, PHILADELPHIA, PA. 

Mr. Butler. Mr. Chairman, I do not want to go over the analysis of any of this 
material; I do not want to make any extended remarks; I simply want to impress 
upon the minds of this committee that when a man buys anything, whether it is lead 
or any other material and is paying 16 or 18 cents a pound for it, he ought to get it. 
When a man buys labeled goods as white lead, or Lily White, or something that is 
presumed to be white lead, and pays that price, and gets 60 or 70 per cent of adultera¬ 
tion, he is being robbed. We have one analysis in my recollection of a coloring 
matter on the market of 93 per cent adulteration and 7 per cent of coloring, and it 
was being sold for from 12 to 18 cents a pound, when they bought the adulterants at 
40 cents a hundred up to $7.50 a hundred, and in selling it at the price of these materials 
I say it is pretty nearly highway robbery. 

I would like to say in relation to the chemical question, that I made some inquiries 
about the cost of chemists, and some folks who are reasonably w r ell informed, told me 
that the average paint chemist over the country gets about $1,500 a year. Of course 
there are some who get a whole lot more, and there are some who get less. The paint 
manufacturers to-day pay a great deal of money for good salesmen which is included 
in their expenses. So they are not handicapped to such an enormous extent to keep a 
chemist. 

We in Pennsylvania would like to ask that we be protected, and when we buy 
materials we would like to know that we get what we buy. If they are selling us mud, 
let us buy mud, but regulate the price accordingly. There has been a lot of talk 
about the extraordinary importance of net weight and measure, but I have heard 
nobody say that just as soon as they put the net weights in, they will put on the increase 
price to cover the difference between the weights they are selling, from 11 to 14 cents 
a pound. We can not control the price; we do not pretend to control the price, and 
do not want to do so. It would not do any good if we did, but we do ask, we in Penn¬ 
sylvania, that when we get an article or any particular thing in the paint line and pay 
for it, we are entitled to get it. If we have a formula label, it is up to the business 
man to find out whether he is paying an outrageous price or not. The question of 
superiority is recognized by all the practical painters of any account in the country, 
and holds good as to everything. Where a man is making a better article of flour than 
another, for instance, his reputation is established by his goods. 

If a man can make a good article out of the dirt in the street, all right, but -when a 
man buys anything he ought to know what it is, be it lead, or green, or chrome color, 
or yellow, or something else. 

The Chairman. You have not given much consideration to the question of fair 
dealing or satisfactory service to the person for whom you paint the building. Now, 
the quality of the paint that you use, I suppose, is as important to him as it is to the 
chemist. 

Mr. Butler. Mr. Chairman, any painter in the country who has had the experience 
that I have had—and my firm has been in the business for a little over one hundred 
years—will find that every time a job does not prove satisfactory he will have to do 
the job over or lose the customer, and we do it over. We have had any number of 
cases of composition lead and I have yet to see the lead maker make good the lose. 



ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. Ill 

I have had all kinds of trouble with paint and I have yet to know the first paint manu¬ 
facturer to make good the loss. The painter makes good. I am very much inter¬ 
ested in the question that the gentleman raised as to the possibility of the painter 
taking bad material and making it good. It is a physical impossibility. I do not 
want to say that they all sell bad material, but I do say that we are entitled to know 
what we buy. That is all we ask. I think this bill would not work anv particular 
hardship. The gentleman has told us that they use it in the trust, that they are 
compelled to do it. Where the law is enforced they have not sold it. It has been an 
open statement by any number of manufacturers and by various chemists that the 
leading manufacturers in the country have on file the analyses of their competitors, 
and that any one of them can practically be pulled apart for a $20 note. 

I do not think that I care to take any more of your time, Mr. Chairman. 

STATEMENT OF J. W. COULSTON, REPRESENTING J. W. COULSTON & CO 

OF NEW YORK CITY. 

The Chairman. Please state your place of business. 

Mr. Coulston. J. W. Coulston, of the J. W. Coulston & Co., New York City, im¬ 
porters of dry paints and colors from Europe. 

The Chairman. Solely importations? 

Mr. Coulston. Solely importations; yes, sir, and manufacture into dry paint; 
that is, we import crude materials and make them into dry paints. 

The Chairman. Do you desire to make some statement in regard to this bill that 
is under consideration? 

Mr. Coulston. Yes, sir. Referring to the remarks made by the gentleman who 
has just preceded me, I think, perhaps, he is mistaken when he refers to the general 
law here for misbranding of paint. The misbranding of any articles would just as 
properly apply to clothing, rubber, or anything else. I have no doubt that the chem¬ 
ists of the Government have been misled into the purchase of clothing that was 
claimed to be all wool, and perhaps contained a large per cent of cotton or material of 
some other character. I will say that the manufacturers of paint are just as honorable 
as any other manufacturers in the country. 

The particular portion of the bill to which I am opposed is contained in the sixth 
line of section 1—“Any paint, turpentine, or linseed oil which is adulterated, or 
mislabeled, or unlabeled,” etc. 

What is “unlabeled?” Now, referring to line number 19, section 6-a- 

The Chairman. And I understand you, you object to the law dealing with material 
upon which there is any label at all. 

Mr. Coulston. I object to the labeling of the goods such as we have in our business, 
and I was going to speak on that subject, if you will permit me. 

The Chairman. You may proceed. 

Mr. Coulston. Line 19, section 6-a is as follows: 

“The term ‘paint’ as used in this act shall include all pigments, dry,” etc. 

And section 3, line 6 states: 

“Which shall be received from any foreign country.” And it proceeds: 

“Or intended for shipment to any foreign country.” 

The Chairman. What is your objection to that? 

Mr. Coulston. My objections are these: That as we import these goods—that is, 
which the gentleman who has previously spoken here has called mud—we import 
them in unbroken packages from Europe. That is one of the principal lines of my 
business—the business that I have been in for the past twenty-five years, and I think 
I know something with reference to the quality of the goods in that length of time— 
importations amounting perhaps to two or three thousand tons a year. 

Now it is physically impossible to label these goods as they arrive in this country 
or label them when they leave the other country. The goods come in packages of 
eight or nine hundred pounds. They arrive in one shipment, perhaps two or three 
hundred casks or tons at a time. We could not under any circumstances label those 
goods as they arrive in New York, or any other port. We would not have the labels 
to put on the packages. I am not a great mixed paint manufacturer, nor would it be 
possible or even policy to permit the people who supply these goods to us to put their 
own labels on those packages, claiming from whom they came, and we then ship them 
to our buyers in this country. That I do not think any one would wish us to do, nor 
would they wish us to destroy our business in that respect. 

The Chairman. Your proposition is that the manufacturers abroad shall put their 
formula on the goods, is it? 

Mr. Coulston. No, sir; I do not wish any labels. I am protesting against the 
labeling of the dry paints. 



112 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


The Chairman. You want that to come in then from the manufacturers unlabeled? 

Mr. Coulston. Yes, sir; just as they are now, and just as they have been for years. 

The Chairman. And you propose to label them before you send them out? 

Mr. Coulston. I am objecting to that also. I am objecting to any labeling what¬ 
ever in any sense or form on dry paints. 

The Chairman. What process do you propose? On what statement shall a buyer 
rely as to what this article is? 

Mr. Coulston. I think all the paint manufacturers pretty well know my firm and 
what we are selling, and they know when they buy goods from us what class of goods 
they are getting, and I feel sure that there are none here who would believe that they 
are adulterated goods when they buy from us. The goods are too low in price. 

The Chairman. You object to making any statement as to the contents of the 
package? 

Mr. Coulston. I do not object to making any statement but I object to the labeling 
of those packages. 

The Chairman. You object to making the statement on the package as to what it 
contains? 

Mr. Heckler. The analysis. 

Mr. Coulston. The mere analysis, no, sir. I can tell anyone who asks me about 
that. I can give that information, but I think it says here in some place that the 
name of the manufacturer shall be so stated. Now, that is seriously affecting my 
business, as you can readily perceive, the business that I have been in for a long 
period of time, and it would not be right, nor would it be policy for me to put those 
names on any package that we import. 

The Chairman. You do not manufacture yourself at all, do you? 

Mr. Coulston. We do in this respect. We import umber, raw umber, from the 
district where it is mined in the crude form in bags and we powder or grind those 
goods through buhrstone mills. We also import sienna in a natural state from the 
district where it is mined and we grind it through buhrstone mills at our mills. In 
that respect we are manufacturers. In other respects we are not paint manufacturers. 
We do not mix linseed oil, turpentine, or anything of that character. My opposition 
is strictly to the dry paint. I would like to know from Mr. Dewar what percentage 
would be possible of analysis that he would consider to be generally mud in the sense 
of ochre. I might state to him as a matter of information that there is about 20 per 
cent of oxide of iron in the general ochre that comes to this country; the quality has 
been practically the same for the last twenty-five years. 

Mr. Dewar. That is coloring matter? 

Mr. Coulston. That is the coloring matter and the rest is clay. 

Mr. Dewar. And the rest is silica, or it should be silica, but it is mud. 

Mr. Coulston. Silica and aluminum. 

Mr. Dewar. Silica and aluminum. When it becomes clean it is mud. 

Mr. Coulston. No, sir; it is clay, not mud. Simply because clay is in there does 
not make it mud, and it is an article that is found in there in that particular way, 
shape, and form. 

The Chairman. Do you wish to say anything more at this time? It is close to the 
hour of the meeting of the Senate, and the committee will have to adjourn. 

Mr. Coulston. I think that pretty well covers the ground. 

The Chairman. If there is no other business at this time the committee will ad¬ 
journ. 

Senator Guggenheim. Mr. Chairman, I have some letters here from reliable people 
in Denver protesting against the passage of this bill, and I would like to have them 
inserted in the record. 

The Chairman. That will be done. 

(The letters referred to are as follows:) 

The McMurtry Mfg. Co., 

Paint and Varnish Makers, 
Denver, Colo., February 7, 1910. 

Dear Sir: We understand that the Heyburn paint bill, which provides for the full 
formula of contents printed on every can of paint, is before the Senate Committee on 
Manufactures, and we wish to enter a vigorous protest against the passage of this bill. 

We have been engaged exclusively in the manufacture of paint and varnish for 
about twenty-five years in Denver, and during that period have advertised our product 
as being the best for use in this dry climate, claiming that by our experience and as 
the result of exhaustive tests of the different pigments and oils we have arrived at the 
exact proportion of each that would give the maximum of durability when used in this 
dry western climate. It has been our contention that paint manufactured in a lower 


ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 113 

altitude where the climate is damp was not suitable when' used in this western 
climate. 

Should we now be obliged to put the formula on all of our goods we think the result 
of the advertising we have done for a quarter of a century would be thrown away. 

Trusting that you will use your best efforts to see that this bill is not passed, we 
remain, 

Yours, very truly, The McMurtry Mfg. Co. 

J. G. McMurtry, President. 

Senator Simon Guggenheim, 

1535 L Street , Washington, D. C. 


McPhee & McGinnity Co., 
Manufacturers of Paints, 
Denver, Colo., February 9, 1910. 

Dear Sir: If you will kindly pardon our transgressing upon your time, we beg the 
privilege of bringing to your attention the Heyburn paint bill, which comes before a 
subcommittee composed of Senators Heyburn, Oliver, and Smith on February 17, 
and ask your careful consideration of the facts herein stated. 

During the past few years there has been considerable argument pro and con regard¬ 
ing a bill of this kind, and as paint manufacturers we wish to state most emphatically 
that we fail to see the justice of a bill providing for formula labeling. The white- 
lead manufacturer has but one pigment in his product—that is, carbonate of lead. 
The paint manufacturer, after years of experience, puts a product on the market that, 
in his estimation, will serve his trade better, his product being composed .of materials 
that serve to improve over white lead alone. To reach this state of perfection has 
required many years of experience, scientific research, and actual tests as to durability, 
etc., of the paint. 

The manufacturer having built up, through the quality of his paint and also by 
the expenditures of many thousands of dollars, a large trade on these goods, is cer¬ 
tainly placed at a disadvantage if compelled to label his goods with the formula. Any 
man would then be in a position to use the formula for his own benefit in manufacturing 
paint, knowing that they will give satisfaction because of the large trade built up 
by the other manufacturer. 

From our view point nothing can be gained by formula labeling. The consumer 
would be no wiser than before, as he would not know what the ingredients are or 
what their value was if the formula was printed, and the manufacturer would certainly 
be deprived of the protection and benefits to which he is entitled after bringing his 
goods up to a standard, which in the case of reputable paint manufacturers gives the 
trade better satisfaction than white lead alone. 

In addition to the above, we would call attention to the position of our local paint 
manufacturers. You will readily understand that conditions must be taken into con¬ 
sideration in the manufacture of paint. 

The Denver manufacturer makes paint to fit the climate in the Rocky Mountain 
regions, and we all have given years of study to obtain the best results in this section. 
Were our formulas printed, we would have this additional disadvantage. 

We ask you to use your influence against the passage of this bill on the grounds 
above stated, which surely would be unfair to the manufacturer and no benefit to 
anvone. 

We respectfully submit the above, and remain, very truly, yours, 

McPhee & McGinnity Co., 
By L. T. Minehart. 

Senator Simon Guggenheim, 

Washington, D. C. 


The Kohler-McLister Paint Co., 

Paint Manufacturers, 
Denver, Colo., February 10, 1910. 

Dear Sir: We respectfully call your attention to the “Heyburn paint bill,” which 
will go before a special committee of the Senate composed of Senators Heyburn, 
Smith, and Oliver on February 17. The measure provides for the printing of formulas 
on the labels of all cans containing paste and liquid paints. 


37414—S. Rep. 546, 61-2-8 






114 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


From our standpoint—that of a paint manufacturer—we consider such an act highly 
detrimental to our interests. Through many years of experimenting, at a great cost, 
we have secured formulas for producing paints that will give the utmost service and 
possess the greatest durability; formulas which have established for us a reputation 
and have helped to build up a substantial business. Should these be published on 
our labels they would be subject to the use of any who might desire them, and the 
results of our own efforts would be fruitless. 

Furthermore, such information as a printed label would give to the ordinary con¬ 
sumer would be such that he could in no manner be benefited by it. He would be 
in no position to know the values of the various ingredients making up the paint, 
and these as now used by the legitimate manufacturer each have an intrinsic value 
to produce a paint possessing the best wearing and protective qualities. While this 
is adverse to the ideas conveyed by the manufacturers of strictly pure lead, the fact 
stands proven by actual tests and demonstrations that a strictly pure lead paint does 
not wear best under all conditions. 

On these grounds we urge you to use your influence against the passage of the “Hey- 
burn paint bill.” 

Very respectfully, The Kohler-McLister Paint Co., 

Frank McLister, Manager. 

Senator Simon Guggenheim, 

1535 L street, Washington, D. C. 

The Chairman. The committee will now adjourn until to-morrow morning at 10 
o’clock in this room. 

(Accordingly at 11.55 a. m. the committee adjourned until to-morrow morning, 
February 18, 1910, at 10 o’clock a. m.) 


Committee on Manufactures, 

United States Senate, 

February 18, 1910. 

The subcommittee met at 10 o’clock a. m. 

Present, Senators Heyburn (chairman), Oliver, and Smith, of South Carolina. 

There were also present C. T. Wetherhill, president George D. Wetherell & Co., 
Philadelphia, president Paint Manufacturers’ Association of the United States; W. E. 
Lucas, president John Lucas & Co., Philadelphia; E. T. Trigg, general manager Lucas 
& Co., Philadelphia; S. K. Felton, of Felton, Sibley & Co.; E. T. Longstreth, of Sam¬ 
uel H. French & Co., Philadelphia; Dr. P. H. Walker, chemist, Department of Agri¬ 
culture; W. A. Buddecke, president Paint Mining and Manufacturing Co., St. Louis, 
Mo.; II. C. Stewart, treasurer S. P. Wetherill Co., Philadelphia; E. E. Nice, of E. E. 
Nice, Philadelphia; H. E. Yarnall, of H. E. & D. G. Yarnall, Philadelphia; II. R. 
Gibbs, president T. II. Nevin Co., Pittsburg, Pa.; C. K. Williams, of C. K. Williams 
& Co., Easton, Pa.; C. E. Horn, secretary Allentown Manufacturing Company, Al¬ 
lentown, Pa.; Henry Wood, of Henry Wood’s Sons Co., Wellesley, Mass.; C. C. Chopp, 
of Glidden Varnish Company, Cleveland, Ohio; C. D. Dill, general manager American 
Naval Stores Company, Savannah, Ga.; A. M. Parks, president The A. M. Parks Co., 
Philadelphia; S. H. Woodhouse, of S. H. Woodhouse & Son, Frankford, Pa.; J. W. 
Coulston, president J. W. Coulston Co., New York; R. II. Lersner, general manager 
C. M. Childs Co., New York; George B. Heckel, editor and publisher Drugs, Oils, and 
Paints, Philadelphia, Pa. 

The Chairman. The committee will come to order. 

Mr. Williams. Mr. Chairman, Mr. Lersner, who was announced yesterday as one of 
the speakers, has left the city, and left with me a brief written communication which 
bears on the remarks pertinent to this subject. 

The Chairman. Hand it to the stenographer and it will appear properly in the 
record. 

(The letter is as follows:) 

To Senate Committee on Manufactures. 

Gentlemen: Much has been said regarding the analyses of so-called white lead and 
so-called “perfectly pure paints.” To label an article white lead which does not con¬ 
form to the chemical definition of these words is an injustice which no honest manufac¬ 
turer should permit. This is applicable to labeling of paints which are not chemically 
or commercially pure. The association which I represent has passed resolutions 
protesting against false and misleading labels and marks, and would welcome a general 
law that would cover these points. 



ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 115 


However, to ask manufacturers to place a formula label on their packages of paints 
and colors would be an injustice, no better example of which would be had than a con¬ 
crete case in question, which I will outline: 

In Greater New York to-day there is sold great quantities of two brands of paint, 
the retail prices of which are $1 and $1.05 per gallon, respectively. These paints cost 
the manufacturer 65 cents per gallon to make and deliver. They are sold to the store¬ 
keepers at 85 and 90 cents per gallon. The labels read as follows: 

-Ready-mixed paints. Color-. Manufactured by-. 

These paints are not pure, and are not sold as pure, neither by the manufacturer nor 
by the dealer. A demand has been created for paints of this character and price, and 
not more than 1 out of 100 cases has been found where the paints have not given 
universal satisfaction. It is true that these paints can be analyze !, but why should 
the two manufacturing concerns be asked, after over thirty years of advertising and 
sales efforts, to furnish to the public at large the chemical proportions of these paints? 

It must be borne in mind that the consumers of paints of this character are not pro¬ 
testing against quality of same and that the furnishing of the chemical analyses would 
be the means of inviting competition in the paint business, which would render it 
well-nigh impossible of profit. Small concerns could, by procuring one or two cans 
of standard brands of paint, make a similar product for less money than the original 
makers, for the reason that by the passage of this law all information as to the ingred¬ 
ients of the paints would be given to these smaller concerns free of charge, and thus 
by saving the cost of advertising and analysis make and sell their product for con¬ 
siderably less money. 

Another item which has probably escaped the attention of the advocates of this 
measure is the fact that it would be physically impossible to label some of the pack¬ 
ages of paints. Quarter-pint and half-pint cans of certain enamels and stains could not 
be labeled for the reason that the contents of the cans, upon analysis, would show from 
20 to 30 ingredients, the number of which would be too large to print on a label to fit 
this package. 

It will be noted that the advocates of this measure are painters who, to begin with, 
do not use ready-mixed paints, and who do not buy brands of lead which they do not 
know to be pure or adulterated. The master painter of to-day is well enough educated 
to know that at 5 cents a pound he can not expect to buy an article of commerce the 
market price of which he knows to be over 7 cents. Considerable stress has been laid 
upon the iniquities of the paint manufacturers; but how much time and space has been 
devoted to the crimes committed by the master painters and painters in the name of 
pure white lead? The master painters would not relish a law such as this proposed 
measure if it applied to their product, for the reason that it would make it impossible 
for them to conduct business. 

The Eastern Paint Manufacturers Association, 

By R. H. Lersner, 

(Of Chas. M. Childs & Co., New York.) 

Mr. Williams. Mr. Lersner, of Easton, would like to make a few remarks at the 
proper time. 

The Chairman. One of the gentlemen who was speaking yesterday, when we hastily 
adjourned, desires to add something to his remarks. 

Mr. Coulston. There are two other points that I would like to add to my remarks 
of yesterday about affixing analyses on dry paints. 

As I have mentioned, we import dry ocher from France, frequently in quantities 
of 300 or 500 casks at one shipment. We try to sell the major portion of the shipments, 
and frequentlv succeed, by the time the ocher arrives. We could not ask the foreign 
producers of these goods to go to the expense of analyzing the goods and labeling the 
packages with their analysis. They could not be expected to do this at their own 
expense, nor would we like to be bound by their analysis and suffer the penalty 
mentioned in the act, of being fined $500 or sentenced to one year’s imprisonment, 
because some of these goods may contain goods ranging somewhat from the foreign 
analyses, not that the goods would be adulterated, but because of the fact that we 
ourselves would not know the analytical contents unless we ourselves would analyze 

them. . , . . . 

It would be a physical impossibility for us to sample the goods and analyze every 
cask and put our analysis on the cask on arrival in New York before we shipped the 
goods to our customers in the interior, the goods being shipped direct from the steam¬ 
ship dock as soon as same are unloaded. 

Even if it were possible, in some instances to put the analyses on the packages 
before shipping from the steamship dock, as the goods are frequently shipped as far 
as St Paul Kansas City. St. Louis, by rail to Buffalo, then transferred to the boats 





116 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


on the Lakes, and then again to the ears, involving three loadings and unloadings 
before same reaches destination, the labels would probably be torn off or so disfigured 
as to be unintelligible, again rendering us liable to punishment without any fault 
of ours. 

We also import these goods direct to Boston, Philadelphia, New Orleans, and Pacific 
eoast points. We would not have anyone at those places to analyze and label the 
packages before they were received by our customers. What we then could do I do 
not know. Although we import the goods from France, we have competition in soiling 
to some of those points, especially on the Pacific coast, with jobbers in England and 
Germany. As the provisions of this act could not force these jobbers to label the 
paints when selling on board steamers at foreign points, nor exclude them from sell¬ 
ing to customers in America, this act, if it became operative, would no doubt cause 
us to lose this trade, to the advantage of foreign houses, which I assume is not ttm 
wish of any member of this committee. 

The Chairman. I understand that you are speaking upon the supposition that there 
would be one rule governing you and another rule governing the foreign shippers. 

Mr. Coulston. No, sir; I am not considering that. I am considering the fact that 
foreigners are not bound by the laws of this country when they sell free on board. 

The Chairman. Yes, they are just as much bound by them as anybody else. Their 
goods would be stopped at'the ports if they are not in conformity with our shipping 
laws. There is power in this Government to stop any goods at the port. 

Senator Oliver. They would not be subject to the penalties? 

The Chairman. Yes; they would be subject to the penalties if they got them over 
the line. If they brought them in and succeeded in disembarking them, they would 
be subject to the laws of this country. 

Mr. Coulston. But I think so far as they could analyze them, in putting the labels 
on- 

The Chairman. We have a good many items of shipments that are subject to the 
lame rules in all the ports of the United States. 

Mr. Coulston. That I understand; yes, sir. 

The Chairman. For instance, tobacco, rice, and all those things are subject to the 
same rules of investigation at the ports. 

Mr. Coulston. I think from the above that you will see that when it is sought to 
label imported dry paints with analyses it is causing so much difficulty, trouble, and 
expense that it were better to omit same from the operation of this act. The same 
remarks apply to other goods that we import, namely, Indian reds, oxides of iron, 
Vandyke brown, and perhaps a dozen other articles. 

One other point in this act that I would like to mention is the necessity of putting 
analyses on dry paints that are exported to foreign countries. The bill requires, if I 
so understand it, to label these goods when same does not conflict with the laws of 
any country to where the goods are exported. 

We export some dry paints to a few foreign countries. I do not know what the laws 
of those countries are, and whether or not the requirements under this bill with refer¬ 
ence to labeling dry paints would conflict with those laws, but I question whether any 
good or benefit would arise from such labeling. Such labeling might, and no doubt 
would, cause an immense amount of correspondence, difficulty, and perhaps loss of 
trade, not because of anything wrong in the goods, but because of the fact that a label 
with a formula is put on the packages. This foreign trade is hard enough to get and 
retain, without'putting restrictions on same that might possibly cause its absolute 
eessation. Not a single call has ever come to us from a foreign country for the analyses 
of the goods that we export, showing that such customers abroad are well satisfied now 
without the necessity of labeling the goods. 

That is all. 

The Chairman. We will now hear from Mr. Henry C. Stewart. 

STATEMENT OF MR. HENRY C. STEWART. 

Mr. Stewart. Mr. Chairman and gentlemen of the Committee on Manufactures, I 
had the honor and privilege of appearing before the Committee on Manufactures at the 
hearing given May 8, 1908, on bill S. 67.1.8, and the provisions of the present bill 
(S. 1130), as far as our particular branch of the paint industry is concerned, are similar 
to those of the former measure. 

Our business, reduced to a phrase, is the manufacture of dry-earth paints, and sec¬ 
tion 6a of the present bill provides the term “paint,” as used in this act, shall include 
all pigments dry or in any kind of oil, etc. 

Section 7 provides that “for the purposes of this act, an article shall be deemed to 
be adulterated (according to paragraph D) that when other than chemically pure 
colors are used the percentage composition thereof shall also be shown. 



ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 117 


“And, further, that, for the purposes of this act an article shall also be deemed to be 
improperly labeled or misbranded— 

“If the package fails to bear a statement on the label of the quality or proportion 
of each ingredient contained therein.” 

These dry-earth paints, such as ocher, metallic brown, Venetian red, sienna, umber, 
slate, mineral black, and associated minerals such as talc, soapstone, asbestos, sul¬ 
phate of barium, gypsum, aluminum, etc., are found almost everywhere, and the 
mining and preparing of them for market affords a living for thousands of our people. 
Besides, quantities of the above-mentioned materials and chalk are imported in the 
crude state, and their preparation adds to our industrial welfare. 

They are either powdered dry or ground in water and then dried, in which latter 
case they are repowdered and furnished to the “Grinding in oil trade” as business 
demands require. They are sold dry by samples which pass by hand from seller to 
buyer, or through the mails, express, etc. It is rare indeed that any deception is 
practiced, and, it is superfluous to say, never by reputable manufacturers. We, and 
all the competitors we have, stand ready to rectify mistakes and live up in every 
particular to our promised deliveries. 

On general principles the colored minerals particularly find a market because of 
their capacity to cover surfaces economically and well, not because of any analytical 
superiority or inferiority. Their analysis was rarely ever referred to until recent 
years, and is, in our opinion, largely an academic proposition. 

Should the bill as now worded become a law we predict as a result the complete 
elimination of these minerals from paint in oil, and a source of revenue, or perhaps 
livelihood, taken from numbers of people scattered all over our country. 

Take sulphate of borium, for instance. It is mined by farmers at times when there 
are no crops needing attention, sold to “the crossroads” storekeeper, and shipped 
by him to the miller, and this is only typical of the entire business. 

The Chairman. Where is it principally mined? 

Mr. Stewart. Largely in Missouri, but it is mined in a number of States. 

The Chairman. Indiana? 

Mr. Stewart. I am not aware of Indiana. It is a production of our own State of 
Pennsylvania, and we continually get from shippers in the southwestern portion of 
our State and the States of Maryland and West Virginia portions of this material which 
the farmer has got out of the ground and sent in cars to us. 

At a time when almost every article of commerce is in the hands of great corpora¬ 
tions it strikes us as being a serious matter to deprive anyone, no matter how humble, 
of that which might prove an honorable means of gaining a livelihood. And that is 
just what will happen if ever paragraph D of section 7 becomes a law, for it provides 
“When other than chemically pure colors are used, the percentage composition 
thereof shall be shown.” For, bear in mind, no two deposits analyze exactly alike, 
and frequently, in the case of colored earths, those which give similar analyses are 
distinctly dissimilar in color and strength. 

The colored pigments are usually composed of oxide of iron, which is the component 
part affording the color. When properly prepared they make good paints which can 
be sold at reasonable prices and are in no sense an injury to anyone, but, as we will 
try to show, a benefit. 

Suppose a farmer finds an ore on his land that has paint qualities. He sells it to a 
dry paint manufacturer, and the latter sells it to the grinder in oil, without manipu¬ 
lation except that of drying and powdering. The ore is composed of, say, 40 per cent 
oxide of iron, the balance being calcium, alumina, and silica. The alumina so 
unctious as to almost drip oil, and the silica and calcium so fine as to almost defy the 
microscope. Who would dare say this was not honest paint and that it would not 
outlast any reasonable requirement? This is no fancy picture, for just such a paint 
has been mined for many years in the vicinity of Relay Station, between Washington 
and Baltimore. When ground in linseed oil and carefully applied with the brush 
the particles sink into the pores of wood or metal (and prevent moisture from entering 
the microscopic interstices) with the result of warding off decay. 

Preventing decay is the primal object of painting, and, as these materials are inert, 
they are naturally adapted to this purpose. Thousands of tons of good paint in oil 
are annually made from these ores and minerals. The grinder in oil can not possibly 
brand the containers with any degree of certainty, because, as stated, of their varying 
elemental and physical composition. If he mixes them with white lead, zinc, etc., 
his task will be well-nigh impossible. By long association and series of tests the 
intelligent grinder is able to blend them and compound paints in oil that certainly 
fill a distinct sphere in the saving and protecting of property from decay at small 
cost to the consumer. The painters know their value and continually purchase them. 
And, I venture to say, that where a painter has purchased metallic paint from a 


118 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


responsible house, there has never yet arisen a well-founded complaint that hasn’t 
been adjusted to the painters’ satisfaction. 

Should this measure become a law, the varying physical composition of these 
minerals, especially the colored ones, will cause them to be abandoned, and chem¬ 
icals will take their place. 

No dry paint manufacturer will think of grinding minerals if he is to be menaced 
with legal complications every time he makes a shipment; and the grinder in oil can 
purchase chemical pigments to take their places, whose chemical analysis can be 
determined with certainty, and with the consequent freedom from surveillance. 
Under the proposed measure the business of chemical paints looks bright, but the 
miners of minerals can only anticipate its consideration with gloom and a sense of 
bitter injustice. 

Other industries use these minerals, and we have as yet to learn of any that has 
asked for a chemical analysis law, and it is rare that even an analysis is asked 
for. The paper trade is a noted instance. Here, if a paper maker wishes to stain, 
he uses a mineral that yields this characteristic. If he wants weight he uses another. 
But, if he wants solid color he uses a third, determining in each instance by careful 
practical experiment that which gives him the best results. The chemical analysis 
is not thought of, and has, as a matter of fact, no bearing whatever in the case. 

It may be because I am in the “ Color business, ” or, it may be for some other reason; 
but somehow or other I am fond of studying the characteristics of the colored race: 
and I note in them some qualities which might be copied with profit. Frequently 
they see things with a great light. I would ask your indulgence, therefore, to the 
following dialogue supposed to take place here in the city of Washington immediately 
upon the operation of this act, should it ever go so far as to receive the recommenda¬ 
tion of this committee, be passed by Congress and signed by the President. 

The dramatis personae are Uncle Mose Black, once a slave, then a soldier in the 
Union Army, now professor of whitewashing, cellar cleaning, etc., and Mr. Squills, 
always a merchant druggist of unimpeachable integrity. Mose has been a customer 
of Squills ever since he took up his "‘profession.” 

Enter Uncle Mose, who tips his hat and says, “Mistah Squills, good morning, sah. 
Ah want ah pound of yallah okah like ah got last week to make dah whitewash 
yallah for Miss Farquhar. Kernel Simms seen de fence, and, as he is ah great ad¬ 
mirer of Miss Farquhar, he wants hee’s fence to look like hern.” 

“Certainly, Mose. Here it is. Twenty-five cents, please.” 

“Twenty-five cents? Why, ye only charged me 5 cents evah since de war. WTiat’s 
de caws for dat? ” 

“Well, Mose, I should have told you, that the last Congress passed a bill compelling 
all paint to have analyses on the packages and the law became operative yesterday. 
See! the analysis is on the wrapper. You can tell exactly the elemental composition 
of the ocher and I am responsible for any deception.” 

“ Why, Mr. Squills, you never deceived me, and deh yallah was always good for de 
purpose. What am dis mental decomposition anyway? And what for did Congress 
pass that fool law to make a poor colored man pay ah quarter for a pound of yallah 
okah worth only 5 cents?” 

“Well, you see it happened this way. Some years ago someone in North Dakota 
bought some paint in oil of an irresponsible person, and the paint was a fraud, and the 
row occasioned finally reached Washington and caused Congress to pass this law.” 

“How far is North Dakota, Mr. Squills?” 

“ Well, about 2,000 miles from here.” 

“Good Lawd, and must ah pay 20 cents more every time I want a pound yallah 
okah because someone out dar bought paint of a low down swindlah?” 

“It looks that way, Mose. But, make the Colonel pay it.” 

“Now, Mr. Squills, you suhly am joking. Ah’m only to get 75 cents for that job, 
and sh’ll be lucky if the Kernel has de money to pay dat fur it dis year. But, say, 
Mr. Squills, do the law say that I am to give de Kernel one of dese ‘ nallvsisses’? ” 

“ Well, as to that I am hot sure, but it seems to me that if the man I bought the ocher 
of had to furnish me with an analysis, and I have to furnish you with one, it would be 
only fair for you to give the colonel one. Of course, in your case the matter is greatly 
complicated by the addition of the lime and water and the poor facilities you have 
for making the mixture.” 

“What would dat cost, Mr. Squills?” 

“Well, in this case—say—$20.” 

‘‘Twenty dollahs? Den, Mr. Squills, ef I understand it correctly, because some 
one away out dar in the West got stuck with poor paint, de Kernel has to be taxed about 
a cent a mile for ‘nallysisses.’” 

“ It appears to me under the circumstances as onlv just that he should. I certainly 
should be paid for my knowledge and ability to make the analysis, just the same as I 



ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 119 


had to pay you more for the ocher because it had the analysis on it, and you have to for 
the same reason. The law should be equitable, and I imagine is, though I have no 
absolute knowledge on the subject. It would seem to me that if the first man had 
to certify as to the character of his product or work, the last should also.” 

“Well, Mr. Squills, dat’s just de way I looks on it, too, and I guess de Kernel won’t 
get no yelloy okah in de whitewash. Dis yah culld person have no notion to pay 
out any cash on de Kernel’s account. Here’s de yallah okah, Mr. Squills. Sorry 
for your time I’se taken up, and de job I’s lost. De law am great. Dat am a fact.” 

The Chairman. We will now hear from Mr. Macnichol. 

STATEMENT OF CHARLES MACNICHOL. 

Mr. Macnichol. Mr. Chairman and gentlemen of the committee, I desire to addres 3 
you as a master painter of nearly forty years’ experience in applying paints. I wish 
to advance one or two good reasons why we should have the formula printed upon 
the package. 

Very few people have any knowledge of a paint coating, so I will quote from that 
master of the craft, John Dewar, of Pittsburg, in a paper read before the Ohio state 
convention, last August, on the “Best materials in combination and otherwise, to 
produce the best practical results possible.” He says: “The average paint coating is 
only three one-thousandths of an inch thick, and yet this thin coating is required to 
withstand expansion and contraction of the underlying surface, abrasion of wear from 
storms of dust and sand, or rain, hail, sleet, and absorbing, drawing, and expanding 
influences of the summer’s sun and contraction from the cold of winter. It must 
have both hardness, to withstand to a reasonable extent the surface wear, and yet 
have enough elasticity to meet internal strain and to conform to the changes in the 
underlying surface; and it must penetrate and cling to the surface upon which it is 
applied. It must also retard or prevent from access to the underlying surface both 
moisture and atmospheric gases, which cause decay, and if possessing the virtues of a 
good paint, it must m the course of time, when repainting becomes necessary, present 
a suitable foundation for the new paint coatings.” 

A paint to perform all of that must be made of good materials, and in its purchase the 
painter and consumer must know of what it is composed. Without the formula knowl¬ 
edge required by federal legislation the painter and consumer knows practically 
nothing of his materials; the surface over which he is called to apply his paint may 
present a reasonably good foundation for repainting. If from lack of knowledge of the 
paint he would apply over that foundation, the materials prove a rank adulterant, let 
it be in the pigment, oil, or turpentine, the entire paint surface is ruined, as no paint 
can be applied thereafter as a renovating agent; therefore, by reason of a lack of knowl¬ 
edge of materials, such cases happen continuously, the result of which is the cost of 
the entire removal of the painted surface, a loss entailed by faulty materials repre¬ 
senting only 25 per cent of the cost of the work, and the 75 per cent spent in applying 

the paint. . . 

That such a paint can be procured, and as a practical demonstration of the won¬ 
derful durability of a known formula paint, I desire to call your attention to the 
dome and central portion of the United States Capitol. 

When Mr. Elliott Woods assumed charge of the building the Dome was badly 
incrusted with corrosion; the sandstone of the east and west fronts of the old building 
was shaling off. With his characteristic manner of doing things thoroughly and eco¬ 
nomically, he devised formula paint and methods of applying it that has produced 
the maximum of durability with the minimum of cost. It requires only one coat of 
this formula paint about every four years, and as the present coat has been applied 
about four years, its present condition speaks with more force than anything I can say. 

The annual production of paint is about 114,000,000 gallons, at a selling price of 
$1.50 per gallon; total of $171,000,000. The cost of painting averages 25 per cent 
for materials and 75 per cent for labor in applying. So the cost of applying the above 
paint would be about $513,000,000, making a total cost of $684,000,000. With a 20 per 
cent adulteration that would mean that the painter and consumer is defrauded out 

of the sum of $25,000,000 annually. , , Qnn 

Under the pure food and drugs act the Department of Agriculture gathered 300 
samples of turpentine to determine how extensive is the practice of adulteration, 
and whether by the producer, the primary buyer, or the wholesaler and retailer. 
They were collected from all parts of the United States. It was found that but few 
samples from the producer were adulterated, about 20 per cent from the primary 
buyers • and 27 per cent from wholesalers and retailers. The average amount was 
from 6A to 75 per cent adulterated with mineral oil. An adulteration of 6 per cent 
reduces the market value $1.20 per barrel, and the purchaser is defrauded that 


120 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


amount. In the 75 per cent adulteration, why, the man that would sell that for 
turpentine should wear stripes. And the same thing applies to linseed oil. 

The Chairman. At this time I will call attention to the fact that we have before 
us a bulletin prepared by Mr. G. S. Fraps, Ph. D., chemist, Texas agricultural sta¬ 
tions, in connection with the paint business in that State, dated November, 1908, 
and there are a number of details of analysis presented by this officer of the State of 
Texas, in which some of the paints that are represented, as I understand it, in this 
room are mentioned and the analyses given. I make the same statement with 
reference to Bulletin No. 70 from Doctors Ladd and Holly, of North Dakota, for 1906; 
also Bulletin No. 86, by Doctors Ladd and Abbott, of North Dakota, for 1909. These 
bulletins are before the committee for the purpose of presenting and showing the 
composition of many paints that are named and of the manufacturers and the place 
of manufacture, and if any gentleman here who represents any company that is 
named in any of these bulletins desires it to be understood that the statements in 
the bulletins are controverted, his time to do so will be now, or otherwise these bul¬ 
letins, being official documents from the several States from which they are presented, 
will be taken, at least as to some of them, as evidence of the facts stated in them. 
I have a telegram this morning from Doctor Ladd stating that it will be impossible 
for him to be in Washington at the present time. I have communicated with him 
that if he can be here early enough to prevent the unreasonable delay of a report on 
this subject we will be glad to hear his testimony. I have no doubt you are all familiar 
with the details of analyses in these different bulletins. If you are not, you have 
them before you and can look them over. 

Mr. Buddecke. Mr. Chairman, do these bulletins simply give the analyses of 
the different paints? 

The Chairman. Have you seen the bulletins? 

Mr. Buddecke. No, sir; not all of them. 

The Chairman. They are at your disposal. 

Mr. Buddecke. The question is simply this, whether they go into the merits of the 
various ingredients. 

The Chairman. If you are not familiar with them you had better look into them. 
The committee does not care now to analyze the ingredients. It can be done in execu¬ 
tive session when the committee has adjourned. 

The committee will now hear from Doctor Walker, who was present yesterday. 

STATEMENT OF DR. P. H. WALKER. 

Mr. Walker. Mr. Chairman, and gentlemen of the committee, it was not possible 
in the short time since my first appearance before the committee to prepare a full 
detailed report on all the samples of paint examined in the Bureau of Chemistry, and 
if such a report was submitted, it would be very voluminous, covering many hundred 
samples, and in many cases very complicated analyses. I have, however, prepared 
an abstract of the results of the examinations of thirty-six white paints and pastet 
which were purchased in the open market in Washington, and which fairly represent 
the goods of this character for sale here. 

Of the 36 samples purchased, 19 bore the name of the manufacturer and 17 did 
not bear the name of any manufacturer, though several of the last were claimed 
to be put up specially for the merchant selling them. In making such purchase a 
verbal statement as to the quantity in pints or pounds claimed to be in the package 
was obtained from the dealer. Only three of the samples had the quantity printed 
on the label, and these three all bore the manufacturer’s name. Of the 36 samples, 6- 
contained as much paint as was claimed, 4 bearing the manufacturer’s name, and 2 
bearing no manufacturer’s. Thirty, or five-sixths of the samples were short in weight 
or measure. All three samples bearing the manufacturer’s statement of quantity 
upon the label were short in weight and measure. Only five of the samples bore any 
printed claim as to composition. These all claimed to be white lead. One of the 
five was pure white lead. One contained about 31 per cent white lead, the other 
three contained no white lead. 

The Chairman. That is, the other- 

Mr. Walker. The other three samples of white lead. 

The Chairman. You are speaking now of the five samples. 

Mr. Walker. Yes, sir; the pure white lead and the sample containing 31 per cent 
bore the manufacturer’s name. 

The Chairman. Who are the manufacturers? 

Mr. Walker. I have refrained from giving the manufacturers’ names. I have 
given an explanation of it at the end of my remarks. I state at the end of this report 
that I have refrained from giving the names of the manufacturers because it is the 



ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 121 


policy of the department not to make public reports which can be used for advertis¬ 
ing purposes, and it is also the policy of the department to give Congress all the in¬ 
formation it has in its power. If the committee desires it I can furnish the names 
of the manufacturers. 

The Chairman. Let it stand as it is. This committee does not wish to advertise 
or give bad repute to anybody, but inasmuch as they all came before us candidly ad¬ 
mitting that they had nothing to withhold, of course we took them at their word. 

Mr. Walker. The pure white lead and the sample containing 31 per cent bore the 
manufacturer’s name. The other three did not. All five were short in weight. 

Eight samples of white lead were purchased by an agent of the Maryland Agricul¬ 
tural Experiment Station at Baltimore and examined in our laboratory. One was 
pure white lead but short in weight. 

The Chairman. Of what? 

Mr. Walker. Of white lead. 

One contained about 32 per cent, one about 28 per cent, one 9 per cent, three only 
1 per cent. In one no lead was found. 

Eighteen samples of linseed oil purchased in Washington, all pure; 5 samples of 
linseed oil purchased in Chicago, 4 pure, 1 adulterated; 6 samples of linseed oil pur¬ 
chased in the West, 2 were pure, 1 doubtful, and 3 adulterated. 

Approximately 300 samples of spirits of turpentine have been examined. The 
samples were collected from all parts of the United States, and from dealers in paints 
and oils who sell largely to druggists. It was found that but few samples collected 
from producers were adulterated, but about 20 per cent of the samples from the stock 
of private buyers and about 27 per cent of these from the stock of wholesale and retail 
dealers were sophisticated; or in other words, about 20 per cent of the samples col¬ 
lected were adulterated. The average amount of adulterant present was 6^ per cent, 
though many of the samples contained 20 per cent and some as much as 75 per cent 
of mineral oil. An adulteration of 6.5 per cent of mineral oil reduces the market 
value between 80 cents and $1.20 per barrel, and the purchaser of the oil is defrauded 
to that amount. 

At the present time it will reduce it more than that, as I think turpentine has gone 
up since this estimate was made. In that connection I will say that in the case of 
turpentine, and also in the case of linseed oil, the doubtful samples were those we 
could not prove or classify as pure—that is where they appeared to be pure. It is un¬ 
doubtedly possible in a great many lines of goods that the manufacturer is as skillful 
as the chemist, and as far as the consumer is concerned, he can put in an adulterant 
very frequently that we do not catch. But those are the samples that we caught. 

The Chairman. I would be glad if you make a table showing the difference in value 
between the different samples. Take half a dozen selected standards of adulteration 
and let the table show the difference in value because of the absence of certain per¬ 
centages of lead or of oil, or the adulteration of those articles; the difference in value 
because of the adulteration with barytes or calcium carbon, any of those things, so as 
to give us an idea of the money loss by reason of the adulteration. 

Mr. Walker. I have here a table that gives you an idea of the money loss simply 
on weight. 

The Chairman. We would like that, too. Make a statement as to weight, and we 
would like the item on quality or any other item. You can make up those tables 
and hand them in to the secretary of the committee. 

Mr. Walker. You simply desire a typical case? 

The Chairman. Take several standards of adulteration from actual facts. You 
can take these reports of tests made by your own department, and let us know what 
the effect is in dollars and cents on the value of the article, keeping always in mind 
the price charged for the article that is sold for pure white lead and the price of pure 
white lead, giving the value of it as such and the value as adulterated, and the per cent 
of adulteration and how the item is made up—a few cases selected. I think you can 
understand that. 

Senator Oliver. Did you keep a record of the prices paid for these things, to see 
whether there is a material difference in the price between the pure, or nearly pure, 
and grossly adulterated? 

Mr. Walker. I did; yes, sir; and I can tell you from memory. In white lead, 
which are the only ones I can say were adulterated, because I do not consider a 
man who sells you white paint can adulterate it, we have a standard for white paint, 
and if he sells you stuff that he calls white paint it is pure, but in the cases of white 
lead I found some samples that were practically all barytes. Barytes, I think, is 
worth about $20 a ton. White lead, I think, is worth about 1 \ cents a pound. We 
pay the same price. 



122 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


Senator Oliver. One hundred and twenty dollars a ton as against $20? 

Mr. Walker. Yes, sir. We pay the same price for the so-called white lead, which 
was barytes, and it was also short in weight, I might say. .... 

The Chairman. Was there any article sold to you as white lead that was sold at 
the standard price for white lead? 

Mr. Walker. I think not. . , 

The Chairman. Had there been, it would have awakened your suspicions why 
they sell white lead for less than the market price of white lead? 

Mr. Walker. Yes, sir; and we bought them in small quantities. 

Mr. Buddecke. In this analysis, did you find any calcium sulphate in any of 

them? . 

Mr. Walker. Yes, sir; we found that in some of them. I found that in a good 
many samples of white paint. I think I can give the tables, if necessary, but I am 
under the impression, from my memory, that the samples that I spoke of contain no 
lead of any kind. 

Mr. Buddecke. That is the point I wanted to make. 

Mr. Walker. A number of them contain absolutely no white lead in any form 
whatever. 

Mr. Dewar. I would like to ask the doctor a question. 

The Chairman. Yes. 

Mr. Dewar. The doctor has stated there is no standard for mixed paint. I dis¬ 
agree with him. How could the consumer—the farmer—and other consumers of mixed 
paints—know when his paint is composed altogether of barytes instead of the recognized 
standard of white lead? 

The Chairman. I understand that is a thing on which you are asking him to 
express an opinion. We will draw those conclusions. 

Mr. Dewar. I wanted to bring them more or less to your attention. 

The Chairman. They will occur to us. 

Mr. Lucas. Mr. Chairman, may I ask the doctor a question? 

The Chairman. Yes. 

Mr. Lucas. I would like to ask him, if I understand correctly, if some of these 
samples are 100 or 99 per cent barytes in the pigment portion? 

Mr. Walker. Yes, sir. 

Mr. Lucas. I never heard of any other than a straight barytes. 

Mr. Dewar. There is a mistaken idea in the room prevalent from my remarks 
yesterday, and a statement was made to me that I was not quite fair in saying that 
this Climax label that I quoted yesterday that did not contain an iota of lead, but 
94 per c£nt of barytes, was sold in the markets of the country. I said it was manu¬ 
factured in St. Louis. I do not know the manufacturer’s name, but I w T ant to say now 
that that Climax lead was bought in the open market in Pittsburg in a paint supply 
store. 

Mr. Dill. Mr. Chairman, in connection with the report of comparisons you have 
asked the doctor to make up I would like to make this suggestion: On account of 
fluctuations in linseed oil and turpentine, in making up this comparative difference 
in colors, or the saving to the seller by adulteration, it would be very important 
that he have some standard to go by. For instance, to-day, I think, linseed oil is 
•worth about 70 cents. Last summer it was worth 35 cents. I am speaking from 
memory. Last summer it was worth 35 cents, and it is worth in the markets of 
Savannah to-day about 60 cents. Now, if he takes the high price for his basis of per 
cent it would show very much more profit, or swindle, or steal, whatever you may 
wish to term it, than it would if you took the 35-cent basis. 

Mr. Lucas. I do not think you want any statements in the minutes that are not 
exactly correct. The doctor in giving you the figures on barytes gave you the cost 
per ton to the paint grinder in round figures, I think, while the price given you on 
white lead of cents a pound is the price at which that sells from the dealer to the 
painter in the large metropolitan centers to-day. 

Mr. Walker. 1 may be mistaken in my prices, but my account in making a com¬ 
parison is to take prices from the same trade reports. 

The Chairman. That is it. 

Mr. Walker. I took these from the paint and drug report. 

The Chairman. We will now hear from Mr. Roach. 


ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 123 


STATEMENT OF MR. JAMES ROACH. 

The Chairman. State your full name, residence, and the company you represent. 

Mr. Roach. James Roach, Detroit, Mich. 

Mr. Chairman, I have been a contracting painter and decorator in the city of 
Detroit and State of Michigan for over forty years, and by virtue of my office as presi¬ 
dent of the Master Painters and Decorators’ Association of the United States, I rep¬ 
resent not only the State of Michigan, but represent the painters and decorators of 
37 States. Those 37 States were represented by delegates to a convention which was 
held in the city of Detroit last week, in which resolutions were passed by the conven¬ 
tion fully indorsing the paint bill introduced by Senator Ileyburn and which is now 
in the hands of your honorable committee. They not only passed resolutions indorsing 
the Hey burn bill, but instructed our committee, who has appeared before you to-day, 
to use every honorable effort in the passage of this bill. I am satisfied that our com¬ 
mittee have done their full duty, and as I do not wish to take up your valuable time in 
repeating what has already been said, I will simply say that all we ask is justice, and 
in behalf of the association which I represent I respectfully ask your honorable com¬ 
mittee to report favorably on the passage of the Hey burn paint bill. 

I have a communication which is addressed to you from the master painters of 
Jamaica Plains, which I think is a very important paper. 

The Chairman. It can be incorporated in the record as part of your remarks. 

(The communication is as follows:) 

Jamaica Plains, Mass., February 12, 1910. 

Dear Sir: The undersigned wishes to give you a few reasons why the “pure-paint 
law bill,” presented by Senator Ileyburn, should become a law of the United States. 

Your having promised to do all you can in favor of the measure makes me feel that 
you need all the practical assistance that can be furnished; as our opponents will do 
their best to beat us, therefore I present to you the following facts: 

In 1891 I bought and used a paint made by Benajmin Moore & Co., of Brooklyn, 
N. Y., sold to me by their agents, Gould & Cutler, of Boston, Mass., on a written guar¬ 
anty that if this paint should prove to be unsatisfactory after being used they would 
repaint every house or building at their own expense. What stronger guaranty could 
be given? 

Therefore I used the material for more than two years, when to my great surprise I 
found that every house on which this material had been used, had cracked and peeled 
so badly that it was a disgrace to the firm that turned out such work. 

I called on Gould & Cutler to see what they would do in the matter, but they showed 
no willingness to stand by their statement of protection, and I had to employ Nason 
& Proctor as my attorneys. It took seven and one-half years to fight the case in 
court. At last I won back my honest name and reputation, but the compensation I 
received was only $1,400, where it should have been more than $14,000. This shows 
that the poor man is not properly protected by our laws. 

Now, Senator, just think of the harm I did through using such material. I ruined 
every house I painted, which to my knowledge was more than 50; lost my reputation, 
which will never be the same as before; made a great number of enemies, and came 
very near depriving me of making an honest living. I reside in a residential district, 
Jamaica Plains, Boston, a place very well known to you, and some of my former good 
friends and customers look upon me to this very day with distrust, which to my mind 
is the greatest loss anybody can sustain. 

After the above experience I bought lead from Wadsworth, Howland-Co.; having 
done business with them for many years, thought they were honest; but to my sorrow 
they had gotten into the habit of defrauding the public also, and after painting six 
houses with their material I found that this acted just as bad as the Gould & Cutler 
paint. 

After a long trial and time I finally proved to the Wadsworth, Howland & Co. firm 
that they were guilty, and they made good part of the damage without going to law. 

A friend and master painter of Boston, Carl Farsberg, only two months ago painted 
a house where the material had been furnished by the Sherwin, Williams Paint Com¬ 
pany, and in less than six weeks the wind could blow the paint off the house. I 
know of many cases in the same line, and just imagine, your honor, how you would like 
to have me paint a house for you with this same material and have it look as if a cyclone 
had struck it. 

I beg of you for the sake of the honest painter and public at large to help us get this 
bill passed which will help to restore the confidence and reputation that so many of 
my brother painters are suffering for. 


124 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


I could give you many more cases where this kind of material has put honest men 
out of business, and it came very near driving me out of Jamaica Plains, had I not 
enjoyed the confidence of a few friends who kept me from going down and out. 

Hoping these few lines will do a lot of good to a great number and prove to the 
dealers who sell us material that we must know what we buy and get what we pay for, 
• Very respectfully, yours, 

P. J. Imberger, 

Jamaica Plains , Mass. 

Hon. Weldon H. IIeyburn. 

The Chairman. We will now hear from Mr. Henry Wood. 


STATEMENT OF HENRY WOOD, OF HENRY WOOD’S SONS COMPANY. 

Mr. Wood. Mr. Chairman and gentlemen: I am a dry-color manufacturer of Henry 
Wood’s Sons .Company, of Wellesley, Mass. My firm has more to do with chemical 
colors than other paint and I shall devote my attention more particularly to the for¬ 
mulas on a can. Everybody claims here, most of them, that a formula on a can, 
provided it is pure white lead in combination with zinc, makes the best wearing 
color that can be made. I think at Atlantic City, and other points, in a matter of 
years of experience with paint people, this does not make the best of wearing paint, 
but the most expensive. There are certain adulterations of paints at large that are 
put into white lead, and paints that will give better results with white lead and zinc, 
than can be produced. I think that can be proved without much controversy. 

The Chairman. Will it cost as much as white lead? 

Mr. Wood. The difference might be one-half or one-quarter of a cent a pound. 
The grinding and the labor is the same, and the difference in cost is very little. If 
you use zinc in one-third or one-fourth part it may make a little difference, but the 
result in wearing is a great deal better. The white lead is considered to contain the 
best of pigment in the world in recent years. It has been produced just 30 or 
40 per cent more than white paint. It is good in outside wearing. There are a 
great many places where it has been put to first-class use and gives the best satis¬ 
faction. This has been brought about by the efforts of the best chemists and paint 
people of experience. 

Now let me illustrate as to dry colors. You can obtain pure blue and pure yellow, 
and let some grinder or paint man put it together and you will get a pure paint C. B. 
You can precipitate all the colors together and you get a pure green of as much differ¬ 
ence in quality and permanency and strength and brilliancy in color as black is from 
white. If Doctor Walker should examine both of those samples the practical result 
will be the same. It will show nothing. It will be as ice is to water, II 2 0. You can 
skate on ice, but you can not skate on water. I think the physical composition is 
fully as great in the paint as in the chemical. 

Take for instance Marseilles green. That paint was established by my grandfather, 
and was transmitted to my father, and from him to me. It is the best paint in this 
country. 

The Chairman. Is it mentioned in either of these bulletins? 

Mr. Wood. I think not. 

The Chairman. What is it called? 

Mr. Wood. Marseilles green. Now, this green is not a chemically pure color and 
was never so designated or expected to be. It has been sold for over seventy years 
and there has never been a complaint about it. If any complaint was ever made it 
came from the poor condition of the surface to which it was applied and not on account 
of the paint. Now, this paint contains a secret that nobody has discovered. If they 
have I have never heard of it. Now to be compelled to put our formula label on 
the cans would hurt us very much. It would give to the consumer and our competi¬ 
tors an inkling- 

The Chairman. Is it the method of manufacture or the ingredients contained in 
the paint? 

Mr. Wood. Both. 

The Chairman. You put in an ingredient that nobody is aware of? 

Mr. Wood. We put it in with a combination of two or three others. 

The Chairman. Which can not be detected by analysis? 

Mr. Wood. I will not say it cannot be detected, but it has never been. I think 
anything is possible. If I had said twenty years ago that air-ships were possible 
it would not have been believed. As I say, we have never had any complaints 
about it. It has always given satisfaction, and in over seventy years service we 
have never had anyone ask us for a formula of it. After these laws went into effect we 
lost considerable business in the West because we refused to put the formula on it. 



ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 125 


One of these firms was one of our best purchasers. We have lost their business, and 
we have lost it on that account. It seems to me that when an article has been on the 
market in active use for over seventy years, trade-marked, and has given the best of 
sati.-taction and has never misled anyone- 

The Chairman. What is it labeled? 

Mr. Wood. Marseilles green. 

r I he ( hairman. Is that the only article you deal in? 

Mi. \\ ood. No, sir; that is the only article in yellow. I am strictly a manufacturer 
of pure chrome paint; that we sell mostly to the grinders. 

The Chairman. And it is simply called Marseilles green? 

Mr. Wood. Yes, sir; and it is only ground in pure linseed oil. 

Ihe ( rairman. And has something in it besides what? 

Mr. -Wood. Besides pure green. 

Ihe Chairman. W T hat is pure green? 

Mr. Wood. A combination of chemically pure yellow—— 

The Chairman. Yellow what? 


Mr. 'Wood. Chrome yellow. 

The Chairman. What is chrome yellow? 

Mr. Wood. It is made from chrome and lead; chrome and lead carbonate The 
chrome we get from Australia and add soda to it and get soda chromium. We use 
that at the right temperature and at the right solution, which gives a good chrome 
yellow. ° 

The Chairman. Is that purchasable in the market on an open formula? 

Mr. Wood. I do not think it has been on an open formula on the market. 

The Chairman. Is the formula secret? 


Mr. Wood. No, sir; but I am free to say that the formula does not represent it to a 
certain extent. 

The Chairman. Perhaps that is one of the reasons why this bill has been intro¬ 
duced, in order to put some responsibility behind the formula. 

Mr. Wood. That would not put it behind it, if you will excuse me, because you 
can call for a chemically pure color. I can give you chemically pure yellow A of B; 
one will be a first-class article in all respects, while the other will not be worth a cent, 
because it is not put together properly. 

The Chairman. Would they cost tfie same? 

Mr. Wood. Practically the same. 

The Chairman. One would be good and the other would not? 

Mr. Wood. Exactly. 

The Chairman. Is that a fair method of dealing between manufacturer and con¬ 
sumer of an article that is protected by the Government and facilitated by govern¬ 
ment methods? 

Mr. Wood. I mean to say that the sale of pure yellow is not good. I can mix a 
chemically pure yellow that is not worth a cent and which will cost to you 10 or 11 cents 
a can. I can make another one and put it on the market which is just as good, and 
a chemist can analyze it and not find it out. 

The Chairman. Then you have pretty nearly solved the difference in making a 
diamond. If they can not tell the difference, there would be no difference. 

Mr. Wood. Yes, sir; there would be a difference. There is as much difference 
between them as there is between black and white. In the paint business, if they 
are allowed to use barytes it would ruin them and cost the parties an amount of money. 

The Chairman. You are quite familiar with painting and chemistry. 

Mr. Wood. I am somewhat familiar with it and have been for some years. We have 
a reputation for square dealing and our colors are as good as they can be. 

The Chairman. Do you label your goods generally or only specifically? 

Mr. Wood. I do not understand the question. 

The Chairman. Do you ever label your goods specifically as to the contents, or 
just generally? 

Mr. Wood. Our goods are sold mostly to grinders. We sell very little to dealers. 
We sell them a chemically green yellow, No. 1, green mixture, green or empire green. 
We do not sell to consumers at all. We sell to the large manufacturers. We sell Sherwin 
& Co. all their green and yellow and have been for thirty-five years. As far as the white 
pigments go we are not particularly interested. What I am trying to do is to defeat 
the formula label as nonproductive of the sale that they expect to get from them. 

The Chairman. Why are you interested in defeating the formula of white lead 
paint? 

Mr. Wood. I am not particularly interested in that, but only, where it shall apply to 
Marseilles green. 




126 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


The Chairman. Would it not be better to see that the bill does not apply to your 
particular interest, rather than to defeat it as to all others who are particularly con¬ 
cerned? , 

Mr. Wood. I want to have the same privileges that the other fellows have, that my 
competitors have. I do not ask anything for myself, but I would not ask anything 
for myself that I would not ask for tnein. 

The Chairman. You are really not speaking for any interest outside of your own 
particular one? 

Mr. Wood. Yes, sir; I am speaking for the formula label that does not protect the 
seller or consumer. 

The Chairman. If it does not, what harm would it do to have it on the statute book? 

Mr. Wood. It would give the competitors an inkling of a certain preference that one 
party would get over the goods of another party. 

The Chairman. Ought not the people to be advised in regard to the comparative 
worth of these articles? It is the people we legislate for, and not any particular party. 

Mr. Wood. As far as the people go, if a painter puts paint on a house he may put it 
on in a bad condition, the result of which will be that the job will be very bad, but it 
will still have no effect on the quality of the paint. That is to say, good paint can be 
put on in such bad condition as to give it bad results, and I think Mr. Dewar will 
admit that. 

Mr. Dewar. I would like to ask Mr. Wood one question; he is not a paint manufac¬ 
turer. 

The Chairman. You will have an opportunity to do so. 

Mr. Dewar. Yes, sir; but if a paint manufacturer asks him for a sample of his dry 
color will he furnish it to him? 

Mr. Wood. No, sir. 

Mr. Dewar. You can not do it. 

Mr. Wood. I do not want to do it. 

STATEMENT OF C. K. WILLIAMS. 

The Chairman. State your connection with the paint business? 

Mr. Williams. I represent C. K. Williams & Company, and the dry mineral paint 
manufacturers practically of the United States. Most of them are located east of the 
Mississippi River. I have had twenty-five years’ experience in the line of mining 
and manufacturing raw ochers and various other dry mineral colors, besides having 
imported large quantities of the same, mostly in a crude state. I was very much im¬ 
pressed with the frankness of Mr. Theobold’s demands yesterday that he knew he had 
not used anything but pure white lead for years, and that he knew it not by analysis 
but by the brands of lead he used and the reputation of the makers. This will hold 
true in ninety-nine cases out of one hundred where one deals with reputable manu¬ 
facturers as Mr. Theobold is doing. No reputable manufacturer will put his name on 
an article that will not do credit to him. Practically all manufacturers like ourselves 
have trade-marks which, when accompanied by their names, is a guaranty of quality; 
but when our customers demand goods at so low a price that we would not own them, 
and regardless of quality, as is often the case, and without any manufacturer’s guaranty, 
who is to blame? 

In the interests we represent, which are located in the East, West, North, and South, 
and in more than half a dozen States, some States having a number of manufactories, 
I earnestly request your committee to report the Hey burn bill (Senate, No. 1130) 
unfavorably, as unfair, impossible, and useless. 

The Chairman. What trade secret would you lose if this bill were to pass? 

Mr. Williams. The combination of the different pigments, and many of them com¬ 
bined with the chemical pigment that we produce. 

The Chairman. Do you sell your product in North Dakota? 

Mr. Williams. We do not directly. Whether they go there indirectly I am unable 
to say. 

The Chairman. Has your attention not been called to the fact that it has been 
sold and is on the market in North Dakota? 

Mr. Williams. It has not. 

The Chairman. Has it been sold in Texas? 

Mr. Williams. Not to my knowledge. 

The Chairman. In Ohio? 

Mr. Williams. Speaking of Texas, it has been sold there. 

The Chairman. They are required to put the formula on in Texas. 

Mr. Williams. I think not. 

The Chairman. Has it been sold or offered for sale in any State where the formula 
is required? 


ADULTERATED QR MISLABELED PAINT, TURPENTINE, ETC. 127 

Mr. Williams. We sell in most of the States east of the Mississippi River. 

I he Chairman. Do you sell in Minnesota? 

Mr. Williams. Not unless it is through St. Paul, and if it is there, I am unable to 
state. 

x h e Cha 1 r m a n .What is your relation to the company manufacturing this paint? 

Mr. Milliams. President and treasurer. 

The Chairman. And what is the name of the company? 

Mr. Williams. C. K. Williams & Co. 

The Chairman. Have you seen an analysis of your product published in anv of 
these documents? - J 

Mr. Williams. I have not. 

The Chairman. Now, you say you have some trade secrets which it would be to 
your disadvantage to disclose. 

Mr. Williams. It would. 

. The Chairman. Is that recognized in the paint market, that your paint is one that 
is composed in a way that you do not make public? 

Mr. Williams. It is recognized as having merits that warrant our customers in 
using it in preference to some others. 

The Chairman. What name do you place on your package? 

Mr. Williams. Where the goods are such that we guarantee them they are known 
by the “Anchor Brand.” 

The Chairman. The Anchor Brand? 

Mr. Williams. Yes, sir. 

The Chairman. Do you sell paints marked white lead? 

Mr. Williams. We do not. 

The Chairman. You market none of your paints marked white lead or lead. 

Mr. Williams. No, sir; we do not trade in lead. 

The Chairman. You do not use the word paint. 

Mr. Williams. Not paint necessarily alone; it is, for instance, reds, oxides, ochers 
and fillers, etc. 

The Chairman. Now you may proceed. 

Mr. Dewar. Can 1 ask a question? 

The Chairman. Yes. 

Mr. Dewar. He says that on certain brands or certain makes of his paint that he 
can guarantee he marks the Anchor Brand or puts on the name of the Anchor Brand. 
I infer that he makes a good many other paints that he does not put his name or brand on. 

The Chairman. Do you make other paints that you do not put your name on? 

Mr. Williams. Yes, sir. 

The Chairman. Many varieties? 

Mr. Williams. No, sir; we only put them on when they are desired by those who 
want to use them. 

The Chairman. Do you sell them at a price below the average paints? 

Mr. Williams. Yes, sir; very much. 

Senator Oliver. Those are sold to consumers or jobbers? 

Mr. Williams. They are sold to consumers by those who are supplying the con¬ 
sumer. We do not recommend their use, but only manufacture them at their request, 
because it is a matter of price only. 

The Chairman. Proceed, Mr. Williams. 

Mr. Williams. Mr. Chairman, I request that this bill be reported unfavorably as 
unfair, impossible, and useless. 

The Chairman. Why is it impossible? 

Mr. Williams. I will give you that a little later, if you please. It is unfair because 
it takes trade secrets, etc., from manufacturers which have taken years, and, in some 
cases, life work to perfect, for which it is proposed to give nothing in return. It ie 
impossible, as in case of imported ocher. 

The Chairman. In case of what? 

Mr. Williams. Imported ocher, which has been referred to several times during this 
hearing. The miner in France would not label his product in accordance with the 
proposed law, and if they did it could not be relied upon, as it is mostly produced by 
landowners and farmers, making it necessary to analyze on arrival in the United 
States, or be subject continually to the penalty imposed by this law. Useless, as the 
variation of 10 per cent or more of the chemical properties of ocher as is taken from 
mother earth can not be changed; besides, this variation does not make it a poor paint. 
It is further useless in most all other dry mineral paints. For instance, Venetian red 
varies in percentage of iron from 8 per cent, and sometimes less, to 40 per cent, the 
balance beinsr calcium sulphate or silica of alumina, and in many cases that containing 
8 per cent oxide of iron is the better and most desirable paint, while some of those con¬ 
taining 40 per cent of oxide of iron are much the cheaper and least desirable paint. 


128 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


The Chairman. Are you speaking of dry paints now? 

Mr. Williams. Dry paints. That is my text. You will understand that the oxide 
of iron is the coloring power of Venetian red. This same thing holds true of most all 
the drv-earth paints. I might say here that this part of the industry might be con¬ 
sidered by some, who do not know it, as an unimportant one. Speaking of ochres 
alone, the Geological Survey here reports the total per annum of 16,000 tons of mineral 
paint of the several grades; and I know it does not report correctly, that there is more 
even than is reported, very nearly 50,000 tons. 

The Chairman. WTiere do you think it comes in, at what port? You are speaking of 
importations? 

Mr. Williams. No, sir; I speak of domestic. 

The Chairman. You used the word “imported. ” 

Mr. Williams. I referred to imported ocher. 

The Chairman. I understand you to say in regard to the same item that the state¬ 
ment with reference to the amount imported was not correct; that it was much more 
than stated. 

Mr. Williams. “Imported,” reported by the Geological Survey as the authority. 
Fifty thousand tons of dry-earth pigment is a vast quantity to be gathered from mother 
earth throughout the United States and to be produced and used by the dry-paint 
manufacturers. So that we consider it important, and this labeling law makes the 
production of it practically impossible. 

The Chairman. I have extended your time five minutes and you have two and a 
half minutes left. 

Mr. Williams. Having mined and manufactured ocher for twenty-five years in the 
United States, and having spent a great deal of time in visiting nearly all the ocher 
mines in France, as well as made a study of this product, I feel qualified to refer to 
the statement made by Mr. Dewar yesterday that ocher was simply mud. It is quite 
evident that Mr. Dewar is more familiar with painting buildings than with the pro¬ 
duction and various qualities of ocher, and I thus feel that we must make due allow¬ 
ance. I am sure, if he will give me one day of his valuable time, I will convince him 
so conclusively that the most of ochers are not mud that he would never again make 
such a statement unqualified, besides being sure he would offer an apology, or at 
least he would feel that the producers of ocher are entitled to it. 

I am fully aware there are some ochers, like everything else, that are very poor, 
yet let me say that the chemical properties of the very poorest are identical to some 
of the best. 

He referred to silica of alumina being mud. I wish to submit a sample here for the 
inspection of anyone [exhibiting a sample]. 

Mr. Dewar. Is that ocher? 

Mr. Williams. That is silica of alumina. 

Mr. Dewar. We were discussing ocher. 

Mr. Williams. Ocher is nothing but silica of alumina impregnated with oxide of 
iron. This is produced from the earth where the oxide of iron has not precipitated. 
Consequently this is nothing more nor less than ocher that has not been impregnated 
with iron. 

Mr. Dewar. That is right. 

Mr. Williams. If you call this mud, we would not have to go down into the bowels 
of the earth from 50 to 275 feet, which we are working to-day, prowling around for 
ocher, or rather, for so-called mud. We would take it from the surface of the earth. 

Mr. Dewar. That, you say, is silica of alumina? 

Mr. Williams. Yes, sir; clay, which is acknowledged by everyone, as is shown by 
practically all of the tests, as being one of the best pigments, in combination with other 
things, that is being used. 

The Chairman. Your time has expired. 

STATEMENT OF MR. GEORGE B. HECKELL, OF PHILADELPHIA, PA. 

Mr. Heckell. Mr, Chairman and Senators: I have already addressed an official let¬ 
ter to the chairman of this committee, and I would like to offer that as a preliminary 
to the remarks which I will make. 

The Chairman. The letter which you addressed me will be incorporated in the 
proceedings. It is before the committee on this table. 

Mr. Heckell. I have made some slight changes in it, but will not read it now. 

The Chairman. Let it be handed to the stenographer and it will appear in the pro¬ 
ceedings. 


ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 129 


(The letter is as follows:) 

February 4, 1910. 

Dear Sir: The writer is secretary of the central committee, representing the Paint 
Manufacturers’ Association of the United States, the National Varnish Manufacturers’ 
Association, the Middle Atlantic States Paint Manufacturers’ Association, the East¬ 
ern Paint Manufacturers’ Association, and the Dry Color Manufacturers’ Association. 

In their behalf I write to protest against Senate bill No. 1130, entitled “A bill for 
preventing the manufacture, sale, or transportation of adulterated or unlabeled lin¬ 
seed oil, etc.,” on the following grounds: 

1. The bill appears to be defective in title, in that it purports to be a bill to prevent 
the transportation of “adulterated or mislabeled” materials, whereas in section 8 
it requires the full formula to appear on the label. 

2. The provision that dry pigments shall bear the name of the manufacturer or 
the party for whom manufactured as well as the formula both in domestic and export 
business is subversive of commercial customs, and in certain cases would destroy 
export trade and invalidate contracts. Domestic manufacturers, in order to pre¬ 
serve their working formulas from improper use by employees, are in many instances 
accustomed to have their raw materials designated by marks or numbers. Foreign 
buyers seriously object to the name of the manufacturer or of the material on the pack¬ 
age, and in some instances provide against it in their contracts. 

3. The appearance of the formula on the package serves no good purpose to the 
consumer, who is not versed in the respective merits of pigments, vehicles, or varying 
combinations of them. It does, however, enable competing manufacturers to create 
prejudice and draw unwarranted conclusions adverse to goods containing this or 
that useful material shown by the formula to be present. The process of manufac¬ 
ture is as important as the formula, but this difference can not be shown in connection 
with the formula. 

4. It is an unnecessary subversion of commercial customs, entailing greatly increased 
expense for the hire of chemists, the preparation of special labels, etc. The larger 
manufacturers, some of whom have already provided for the publication of their 
formulas, are not inconvenienced to the same extent, since they already have chem¬ 
ists at their disposal; but the resources of many of the smaller manufacturers can not 
stand this increased expense. 

5. It follows that such a law would work to the advantage of the larger at the expense 
of the smaller manufacturer. 

6. The paint trade has thus far resisted the common tendency toward consolidation. 
A few of the larger manufacturers, who favor combination, undoubtedly see in this 
measure a valuable instrument toward that end; while the smaller manufacturers 
deprecate and dread it for the same reason. 

7. It is very expensive to change the form of labels on a line of paints, and nothing 
except absolute necessity will force manufacturers to make such changes. At pres¬ 
ent formulas can be changed as improvements suggest themselves in practice. The 
formulas will not be changed until it becomes absolutely necessary after they have 
once become a part of the label. 

8. There is no popular demand for this law. Such apparent sentiment as there is 
has been sedulously manufactured, at an immense cost in time and correspondence, 
by the small section of master painters who support it. 

9. The principal product attacked in this bill is prepared or ready-mixed paint, 
a product to which painters as a class are virulently inimical, whatever its composi¬ 
tion. They hold that paint in a form capable of use by the consumer threatens their 
industry, and even if used by them detracts from their profits. Hence this attack 
by painters has a self-interested motive entirely distinct from the ostensible motive 
of preventing fraud and protecting the consumer. 

10. While it is true that there are abuses in the paint trade, as there have always 
been and always will be in all trades as long as human nature remains human, it is 
not conspicuous nor material in this industry. The citation of sample analyses made 
by the petitioning painters is from unrepresentative and obscure brands, typical of 
but a minute fraction of a per cent of the total products sold. Moreover these 
abuses are open to elimination under present laws; therefore a multiplication of laws, 
always inadvisable, is not necessary to correct them. 

11. A measure so revolutionary as this should not be enacted without complete 
demonstration of its necessity. No such demonstration is possible in this case, as even 
existing abuses, small as they are in percentage of product affected, are being rapidly 
eliminated by self-education and competitive pressure among the manufacturers 
themselves. 


37414—S. Rep. 546, 61-2-9 



130 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


12. It has been claimed that a paint formula is not private property because it can 
be analyzed by a competent chemist. While this possibility of analysis may be true 
in some cases it is not so in others, and in any case such analysis always leaves some 
room for doubt; but the enforced declaration of the manufacturer leaves no such 
doubt, but is a guaranty that an imitation product, bearing ostensibly the same for¬ 
mula, is a duplicate material. This is destructive of the good-will value of any for¬ 
mula, leaving it open to piracy and imitation. 

13. For these reasons and because of the almost unanimous opposition of the entire 
trade to this measure (the exceptions being not free from suspicion of ulterior motives, 
as above indicated), speaking for the organizations I have the honor to represent, I 
trust that the conclusions of your committee will be adverse to this proposed measure. 

If in the committee’s wisdom, after a dispassionate survey of all the facts, some regu¬ 
lation of this industry appears to be requisite in behalf of the public welfare, I respect¬ 
fully submit that a measure providing penalties for misbranding or misrepresen¬ 
tation and requiring a statement on the package of the net weight or measure of the 
contents would fully protect the public against fraud and would not unduly hamper or 
penalize legitimate industry and enterprise. 

Very respectfully, yours, 

Geo. B. II eckel, Secretary. 

Hon. Weldon B. Heyburn, 

Chairman Committee of Manufactures , 

U. S. Senate' Washington, D. C. 

Mr. Heckel. One of the gentlemen yesterday in announcing the speakers for the 
painters, I think, stated in each case that he represented the consumers of a certain dis¬ 
trict. Now to a certain extent I think that I represent the consumers in certain dis¬ 
tricts, too, but I have no authority so to state. It is just merely the question I raise 
about the authority to represent the consumers. 

The Chairman. What paint do you represent? 

Mr. Hejckel. No paint. I am secretary of the manufacturers’ associations. 

The Chairman. All of them? 

Mr. IIeckel. Practically all of them. Attention has been called to the use of the 
words “certain compounds” which are not white lead. The trade deprecates that 
practice. I do not think there are six manufacturers in the association I represent 
that do not believe it is a custom that should be abandoned. The custom is over one 
hundred years old of calling all white paint white lead. The painters to-day, out¬ 
side of the metropolitan districts, still call any paint white lead that is white. If you 
will permit me I will tell you an experience of mine. I had some buildings painted 
eight years ago with pure oxide of zinc. I carefully explained to the painter what 
he had to use. They are familiar with oxide of zinc. After they got through they 
said it was the best lead they ever put a brush in. 

I asked an experienced painter, within the past two days, suppose we give you 
white paint composed of 60 per cent of oxide of zinc and 20 per cent of white lead and 
the rest made up of barytes. What would the ordinary painter call it if he knew the 
formula? He stated, of course, that he would speak of it as white lead. While not 
advocating that formula I would explain that it has come about that good manufac¬ 
turers better honor it in the breach than in the observance. It is being abandoned, 
however, practically. Two of those white leads, or so-called white leads, mentioned 
in Professor Ladd’s analysis are of that type, from 40 to 60 years old, in the market, 
introduced at a time when the manufacturers of white lead themselves did the same 
thing in England, America, and Germany. It is an old chemical abuse. I think 
that all but five or six of those I represent—I think I can speak for 95 to 98 per cent 
of the manufacturers of the United States—would welcome a bill or law which would 
prevent misrepresentation or misbranding or mislabeling of any kind of paint, not only 
on packages of paint but on anything else, and require the net contents on the label 
whether sold by weight or measure, and I can pledge you here, as I say, that 95 per 
cent of those I represent will support such a measure as that. And, as I have stated 
already in my communication to you, that is as far as they go. 

The Chairman. How could the measures of a law be enforced against a misstatement 
unless the facts were stated. No statement carries no liability. 

Mr. IIeckell. The answer to that I think is this. If a consumer or a painter wishes 
white lead, for example, oxide of zinc, or a combination of the two, he will ask for them 
under such a law as is proposed. The party or consumer who would dare to supply 
anything else would be liable to the United States Government. 

The Chairman. IIow about a man on whose building the paint is to be placed; 
what protection would that afford to him? He is the man we are really seeking to 
protect. 


ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 131 


Mr. IIeckell. Yes, he is the man you are seeking to protect, but I fail honestly to 
to see—I have studied this question for five or eight years in connection with this 
attempted legislation—but I fail to see how the consumer is protected by the formula 
label, because there are so many qualities outside of the formula, there are so many 
characters of paint outside of the formula, that are important that the consumer, unless 
the Government attempts a very long period of paint education, can learn nothing 
from the formula. 

The Chairman. Would it not tend to protect him? 

Mr. IIeckell. I doubt it. 

The Chairman. Not to any extent at all? 

Mr. IIeckell. To some extent maybe, but I think the injury to the paint business 
and the intense impetus it would give to the combination, and that in my opinion is 
what it means—it means the reducing of the paint interests finally to standards at a 
commercial profit, and the result of that is that the paint industry will be ruined 
except under the commodity margins and that will come just as sure as day follows 
night. There is a tendency in that direction in many lines. The paint industry is 
now narrowed in that way. I told you that in a certain way the manufacturers of 
white lead have abandoned the use of that term on everything except the pure white 
lead. That only came about at the time when they formed a trust. 

The Chairman. When was that? 

Mr. Heckell. I think it was about 1870; I am not sure. 

The Chairman. What kind of a trust is that? 

Mr. IIeckell. They called it at that time the National Lead Trust. When the Gov¬ 
ernment or the state governments began to get active regarding the trust company 
it dissolved and a new company was formed. However, I do not want to enter into 
that feature of it. I simply use that as an illustration. I am not speaking about 
this thing at all. I am simply showing that the tendency of these laws is to form 
the very kind of corporation that government legislation is directed toward pre¬ 
venting, and we can all see what an awful dilemma the painter and consumer are in. 

The Chairman. What is your remedy? You have five minutes yet. 

Mr. Heckell. The remedy is to forbid misrepresentation on labels or in adver¬ 
tisements. The German Government has such a law. 

The Chairman. This bill is directed to that end. Now in what way will it not 
accomplish that? 

Mr. Heckell. It will accomplish too much. 

The Chairman. Will the right be included in the wrong? 

Mr. Heckell. I think that the right will be consumed by the wrong. 

The Chairman. On whom will the wrong fall? 

Mr. IIeckell. On the whole industry of the United States. 

The Chairman. You mean the paint manufacturing industry? 

Mr. Heckell. Not only that but the miners of the products that they use. Some 
of them are mined, some of them manufactured, and some used in the field, some 
pressed out in the fields. It is a great industry. 

The Chairman. Do you think there will be a dearth in paint, and not enough to 
supply the demand? 

Mr. Heckell. I think it will be enough, if you get a few more combinations. 

The Chairman. You think that individual adulteration is preferable to combined 
purity? 

Mr. Heckell. I do not know that you can prohibit adulteration by any such law 
unless you can make the painter who supplies the paint give a guaranty of analysis 
to the man who puts the paint on the building. 

The Chairman. Our attention has been called to the responsibility question in 
some court proceedings connected with it, to the question where the painter having 
guaranteed the paint and it failed of its guarantee, called upon the man who had 
manufactured it and sold it to him. The latter declined to do it, and the court had 
to deal with it. Do you think that that is a desirable situation? 

Mr. Heckell. I do not think so, but human nature is weak and fallible and the 
courts have to deal to a great extent with that kind of thing. 

The Chairman. Where should the responsibility rest with paint, if paint in its 
actual use on the building proves to be a bad article? 

Mr. Heckell. That is a technical question. 

The Chairman. Where should the responsibility rest—on the manufacturer, or at 
what stage? 

Mr. IIeckell. If the defect is due to the composition of the paint and the fault of 
the manufacturer, then it should rest on the manufacturer. 

The Chairman. Suppose it is sold as this anti trust white lead, an analysis of which 
is set forih in Bulletin No. 86, represented to be pure white lead, and is placed on a 


132 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


building and shortly after begins to peel off and crumble. Where should the respon¬ 
sibility rest in such a case? 

Mr. Heckell. I think that would not be the case. I am a little heretical on that. 

The Chairman. Suppose, we say, that it contains upon an analysis 13.8 per cent 
white lead, and 40.96 percent of barytes and sulphate, which is probably the cause of 
its peeling off? 

Mr. Heckell. I believe if a building was painted with that kind of paint, irrespective 
of the question of putting white lead on it, if the house was painted with that, and the 
barn with pure white lead, the complaint would be against the house probably as 
against a building painted with pure white lead. But that is a matter of opinion. 

The Chairman. Then you think the adulterated article which is sold for white lead 
at 7 cents a pound ought to stand on an equal basis with the barn selling paint at 
$1.40 a hundred? 

Mr. IIeckell. I do not think so, but you have got into the question of the quality 
of the paint. I think the adulterated paint very often outwears the pure paint. 

The Chairman. Then how about bringing a better paint on the market? 

Mr. Heckell. Because a hundred thousand dollars have been spent within the past 
eight or ten years in trying to convince them that that is not the kind of paint to use. 

The Chairman. You have two minutes yet. 

Mr. Heckell. I do not think I will take those two minutes. The industry I repre¬ 
sent asks that a general law be adopted by Congress forbidding the general misrepre¬ 
senting and misbranding not only of paint, but on all goods of all characters in the 
United States. 

The Chairman. We have such a law covering its consumption and use for the 
human family. 

Mr. Heckell. Then if that is Utopian we ask that this bill be amended so as to 
apply to paints. 

Mr. Dewar. I would like to ask the gentleman a question. 

The Chairman. Please do not make it argumentative. 

Mr. Dewar. I understand that you are secretary of the Manufacturers Association? 

Mr. Heckell. Yes, sir. 

Mr. Dewar. I will ask you if it is not a fact that within the last year you and your 
association, or the members of your association, met in Washington in support of the 
Marshall bill and the Dalzell bill, which included the formula label clause similiar to 
the Heyburn bill? 

Mr. Heckell. I will say that that is the case, and that after an experience of about 
two years with these laws in the States and with the conditions of enforcement, the 
manufacturers are up against it in $1,500 penalties, etc.; and the application of the 
law, it is very different, to what it is on paper. 

The Chairman. Have they been enforcing the laws in those States? 

Mr. Heckell. They have and they have not. If they had enforced them fully it 
would have been more satisfactory than it is now. 

The Chairman. Is there any other gentleman here that desires to be heard? 

STATEMENT OF MR. C. D. DILL. 

Mr. Dill. Mr. Chairman and gentlemen, just a word, if you please, as to this paint 
question. We are trying to protect the consumer, and in the statement made by one 
of the gentlemen he has shown that 75 per cent of the money that the consumer spends 
has been spent for labor. This bill, as far as I can see, does not protect the consumer 
in any way at all against 75 per cent of the money which he is spending. For instance 
take good paint. You can apply it on a surface where it is damp and you can not 
make it stick. There are lots of good painters, but I dare say that the percentage of 
poor ones is about in proportion to the amount of labor and the amount of material, 
namely, 75 per cent. We would ask for some step, if it is possible, to protect the con¬ 
sumer if we are going to protect him to the extent of 25 per cent of the money expended. 
Then we should deal with the other 75 per cent. I have no solution of the problem, 
but that occurred to me while he was making that statement. I would like to call 
your attention to that and ask you to give it a thought. 

Mr. Heckell. I have one point that I would like to get into the record. Mr. 
Dewar stated yesterday that the analysis label is on the packages of white lead. 
I wish to call that statement into question. The analysis is not on the package. 
The component proportions are on the packages of linseed oil, but the analvsis^of 
white lead is not on the package. That is a variable compound, and I wouid like 
to submit as a part of the report the essential parts of fifteen white leads, showing 
that they do not appear on the package, and it will be impossible to put them on. 


ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 133 


Mr. Dewar. He says white lead. There are many kinds of white lead. I alluded 
to the carbonate of white lead of which I furnished the labels. 

Mr. IIeck ell. So did I. There is a difference between white lead and carbonate 
of white lead. 

Mr. Dewar. Here is a letter from Professor Ladd, of North Dakota, who found it 
impossible to be here and who has addressed a letter to the committee, a portion of 
which I will read and will ask the chairman of the committee to have it printed in 
the record. 

The Chairman. Let that go in and we will consider it. 

(The letter is as follows:) 


Agricultural College, N. Dak., February 14, 1910. 

Dear Sir: I beg to urge the passage of the bill now before the Senate, introduced 
by Senator Heyburn, of Idaho, relative to the adulteration of paints, oils, leads, 
etc. I regret that circumstances are such that I can not appear before the commit¬ 
tee, and therefore desire to cast my influence to aid in the protection of the consumer 
and the honest manufacturer, who are the ones that should be considered in the 
enactment of legislation of this kind. 

It has been said that analyses of paints can not be made. This I beg to dispute, 
as the analyses given in Bulletins Nos. 70 and 86 clearly demonstrate. Had we not 
been able to analyze the various paints reported upon correctly, injunctions would 
have been secured against us, and the injunction restraining the enforcement of the 
North Dakota law would have been successfully won by the paint manufacturers. 
I venture to say that every paint upon the market can^be analyzed and the com¬ 
ponents found. Every paint manufacturer knows this to be true, and usually has in 
his possession, if he is at all progressive, the analysis of his competitors’ paints. 

I do not urge that a law shall be enacted which shall prevent the sale of any class 
of paint, but rather that the consuming public shall be informed of the constituents 
of the paint, in order that they may judge for themselves as to whether or not they 
care to purchase the same. 

The enforcement of the paint law in North Dakota has done much to improve con¬ 
ditions in this State, and the consuming public would not think of going back to the 
condition which prevailed before the enactment of the North Dakota statute. 

I therefore urge as strongly as I can the necessity of enacting the Heyburn bill 
into a law at this session of Congress. 

Yours, very truly, 


Senators Heyburn, Oliver, and Smith, 

United States Senate, Washington , D. G. 


E. L. Ladd. 


Mr. Dewar. I have here an abstract from an address made by Mr. James C. Patton, 
president of the Patton Paint Company, of New York and New Jersey, located in 
Pittsburg, and an associate of the Pittsburg Plate Glass Company. Within the past 
thirty days he addressed a meeting of a combination of paint manufacturers and 
master painters, and I propose to present a portion of his address so that it may appear 
in the record. However, I would like to read just a sentence of his remarks at this 
time: 

“I want to say that wise paint legislation is a good thing for the high-grade paint 
makers and for the public. No single instance in paintdom has been more applicable 
to the quality of the paint than analysis labeling.” 

(The extract is as follows:) 

“ Perhaps I am expected to say something about paint legislation, because it is of 
such interest to most of us here, and because, as I see it, it has an important and good 
influence on our art. I want to say that wise paint legislation is a good thing for the 
high-grade paint maker and for t'he public. No single incident in paintdom has been 
more valuable to quality in paint than analysis labeling. There may be cases of 
injustice to the manufacturer because of this publicity in exposing what may be con¬ 
sidered ‘secret formulas,’ but I think there is little in this plea, because modern 
laboratories can lay, and have laid bare, most formulas. Neither do I apprehend that 
paint interests need suffer through this publicity. You build on a sound foundation 
when the public use your goods with a knowledge of their ingredients. I do not 
subscribe to the idea that any man can duplicate your paints when he knows their con¬ 
tents. Can any piano maker produce a Steinway? No! But all piano makers 
know the materials in the Steinway. You who have seen a modern paint factory 
know the extent and the delicacy of the paint makers’ art and must realize, while 
good materials are absolutely essential, that there is a something in every can of good 
paint that can only be put in there by the genius of the paint makers’ art. 


134 ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 


“ I believe it unfair, unwise, and unjust, though, for a State to set up a standard and 
exempt certain paints from formula labels. Let all be treated alike. Make all label, 
or none; and it should be said that in most States where analysis labeling of paints is 
required by law all kinds of paint share alike in this respect. 

“ I have no fear of the ultimate outcome of the battle between quality and commer¬ 
cialism. Even now those in quality’s ranks who are at all faint-hearted may have 
courage, for, thank God, commerce is steadily being saved from the clouds of commer¬ 
cialism. The skies are clearing, and quality stands out more resplendent than ever 
in the commercial firmament. This change is due to publicity, to education (another 
word for progress), and the divine law of the survival of the best or fittest. 

“In closing, I want to say that I am proud to see the master painters of Pennsylvania, 
fellow-citizens of my State by adoption, in the front ranks in this grand, good work of 
quality.” 

Now, I want to emphasize the fact that in the presentation of those labels yester¬ 
day, they were by men who have started, and companies who have started, to put 
the analysis label on their goods within the last year. Heath <fc Milligan, one of the 
largest manufacturers in the United States, have within a year started putting the 
labels on their paint; also the Acme Paint and Color Works of Detroit, the largest 
manufacturing paint concern in the world. 

Several Members. Oh, no; the Acme is not the largest at all. 

Mr. Dewar. I will take that back. Heath & Milligan are the largest, and I will 
stand by that. 

The Chairman. We will say that they are all large. 

Mr. Dewar. They are all large. The Lincoln, one of the foremost paint manu¬ 
facturers in the country, and I dispute any disagreement as to that, Harrison Brothers, 
also The National Lead Company, Sherwin-Williams, all put the analysis label on 
their packages beginning within the year. I wish also to present the analysis label 
on a few of the Sherwin-Williams paints. That is about all I have to say. It is simply 
justice and the knowledge of what we are purchasing that is due every man. 

The Chairman. If that is all we will not consume further time. 

Senator Oliver. There is one thing that I have been thinking of which I want you 
to explain. Suppose I have some work to do on my house and I ask a bid on it from 
you and some others, two or three, and you bid on high-class paints and the others on 
low-'dass paints. Now, how is this bill going to protect me against the man who bids 
at a low price to do poor work, as against you who expects to do good work? You 
have done work for me. 

Mr. Dewar. Yes, many thousand dollars worth of work, and that work stands as a 
monument to-day. Is not that true? 

Senator Oliver. That is right. 

Mr. Dewar. Now, I will tell you as to the formula labeling of that bill; while it pro¬ 
tects the master painter and consumer over the country against imposition, it will 
protect you in this work. When you write to John Dewar and say, “Mr. Dewar, I 
want you to come out to my house and give me an estimate on the exterior or interior 
of the house, as the case may be, the goods must be brought to the building in the 
original package so that I can see the label on it.” 

Senator Oliver. That is all very true, but while you have done a great deal of work 
for me I never saw a bit of your paint and never saw you until yesterday. 

Mr. Dewar. But if you chose to be interested you can ask me for the information 
which is due you. 

Senator Oliver. But the poor consumer gets it from everybody. He is not around 
when the paint comes. 

Mr. Dewar. We have a pure food and drug bill and the druggists are included. 
When you go into a baker shop to buy a loaf of bread you do not ask that baker for an 
analysis of the flour that, is used in the loaf. When you go into a drug store to have a 
prescription filled you do not ask the druggist for an analysis of all the drugs that go 
into that prescription. 

Senator Oliver. What you say is very true, but you do not answer my question. 
How is this to protect the ultimate consumer, the man on whose house the paint is put, 
and who is really at the mercy of the man that he gives the job to? Suppose the man 
he gives the job to is not honest? 

Mr. Dewar. It is up to you to get the information. The information will be on the 
can. You demand that the original package be brought to your house. 

Senator Oliver. A great many of these cans are .mixed by the painter. 

Mr. Dewar. No, sir; they will be mixed on the job. I mix everything right at the 
building. If you are interested in knowing, all you have to do is to read the formula 
label on the package. 

Senator Oliver. That is all I want to ask. 


ADULTERATED OR MISLABELED PAINT, TURPENTINE, ETC. 135 


Mr. IIeckell. I would like to call attention to this fact. These formula labels dis¬ 
tributed here are all labels from the national distributers who are required to place 
labels by certain States and who find it practicable to label in one section and not in 
another. 

The Chairman. We may, before the hearing is closed, call for the labels of those 
who advertise differently from the class designated. 

Mr. Butler. Mr. IIeckell says the consumer would not be benefited in anyway 
by this bill. Now, if there are 114,000.000 gallons of ready mixed paint sold, it is 
safe to say that 100,000,000 of them are used by people who are not painters, the agri¬ 
culturists throughout the country, and if he reads that label of 39 per cent of water 
or there he certainly has sense enough to know what he has, whatever the amount may 
be, whether one hundred and fourteen or only fourteen millions. 

The Chairman. We will adjourn now subject to the call of the committee. There 
are other people to be heard and we will have to fix a later day for them. I give you 
warning now that we will endeavor to have brought before us a number of labels that 
are not made to conform to the laws of States, the labels that do not contain the 
ingredients. 

Mr. Dewar. Do I understand you to say the labels that are not placed on packages 
whether confined to the States or not? 

The Chairman. It makes no difference whether they are or not. The labels of the 
Sherwin-Williams Company will be inserted in the report. 

(They are as follows:) 

The Sherwin-Williams Prepared Paint. 

GLOSS WHITE. 


Contents of can: Percent. 

Pigment by weight. 08 

Liquid by weight. 32 

100 

Composition of liquid: 

Linseed oil. 92 

Japan drier and turpentine. 8 


100 

Composition of pigment: 

Lead carbonate. 36 

Lead sulphate. 22 

Zinc oxide. 42 


FRENCH CROWN GREEN, MEDIUM, 362. 

Contents of can: 

Pigment by weight. 

Liquid by weight. 


100 
Per cent. 

... 51 

... 49 


Composition of liquid: 

Linseed oil. 

Turpentine. 

Turpentine drier- 


The pigment is chrome green: 

Lead chromate. 

Lead sulphate. 

Barium sulphate. 

Kaolin... 

Ferric ferro cyanide. 


100 

86 

7 

7 


100 

17 

5 

66 

8 

4 


100 


(At 12 o’clock m. the committee adjourned subject to the call of the chairman.) 


































INDEX. 


Analysis: Page. 

Government chemist. 6, 7 

Mixed paints, North Dakota report. 25-6-7 

White lead, North Dakota report. 20-1-2-8-4-5 

Buddecke, W. A., attended. 114 

Bulletin, No. 70, North Dakota. 12 

Bulletin, No. 86, North Dakota. 57 

Butler, George: 

Statement of. 110 

Attended. 10 

Chapp, Charles C., attended. 11, 114 

Ooulston, J. W.: 

Attended. 11,114 

Statement of. Ill 

Dewar, John: 

Attended. 10 

Statement of. 11 

Dill, C. D.: 

Attended. 114 

Statement of. 182 

Eastern Paint Manufacturers’ Association, New York. 114 

Felton, S. K., attended. 10,114 

Fraps, G. S., Texas state chemist. 120 

Gibbs, H. R., attended. 114 

Guggenheim, Senator: 

Attended. 10 

Letters to. 112 

Hanline, Simon M., attended. 11 

Hearings. 8 

Heckell, E. B., attended. 11 

Heckell, George B.: 

Attended. 114 

Statement of. 128 

Heyburn, Senator: 

Attended. 8,10,114 

Report. 1 

Horn, C. E., attended. 114 

Kohler-McLister Paint Company, Denver, Colo... 118 

Ladd, Dr. E. 1,.: 

Letter from. 133 

Report of. 

Lersner, K. H., attended. 11,114 

Longstreth, Edward T., attended. 114 

Lucas, W. E., attended. 114 

Mace, Eugene E., attended.-. 11 

McMurtry Manufacturing Company, Denver, Colo. 112 

MacNichol, Charles: 

Attended. HI 

Statement of.. 


Mc.Phee and McGinnity Paint Mann acturing Company, Denver, Colo. 

Nice, E. E., attended. 114 

Oils, volatile.. 48 

Oliver, Senator, attended. 3, 10,114 


Paints * 

Chase, O. L., St. Louis, Mo. 

Chinese Gloss, Hammond’s. 

Commercial Ready-Mixed Paint, Boston, Mass 
Containing 15 per cent and over inert matter. 
Containing high per cent of water. 


29, 80, 66 
76 
68 
17 
14 


137 


















































138 


INDEX. 


Paints—Continued. 1 apr \ 

Containing short weight. 

Cost of. 

Cottage Colors, Hammond’s. 74, 75 

Derby Mixed Paint, Boston, Mass. 69,79 

Devoe, F. W., & Co., Chicago, Ill.. 

Enterprise Paint and Manufacturing Company, Chicago, Ill. 64 

Farwell, Ozmun, Kirk <fe Co., St. Paul, Minn. . 6j> 

Harrison Brothers & Co., Philadelphia, Pa.. 

Heath & Milligan Manufacturing Company, Chicago, Ill. 

Highland Paint, Ready-Mixed. 77 

Ingersoll’s Liquid Rubber Paint, Brooklyn, N.Y. 71 

Lincoln Paint and Color Company, Lincoln, Nebr. 95 

Lucas, J' bn, & Co., New York.. 40, 71, 85 

Lowe Brothers, Dayton, Ohio. 69 

Masury, John, & Son, New York and Chicago. 42 

Monarch Mixed Paint. 62 

Moore’s House Colors, Chicago, Ill. 70 

Montgomery, Ward & Co., Chicago, Ill. 41 

Morrison Paint Company. 46 

Mound City Paint and Color Company, St. Louis, Mo. 42 

Parker’s Perfect...-. 45, 46 

Patterson Sargent Company’s B. P. S. Paint, Cleveland, Ohio. 45 

Peninsular Paint and Varnish Company, Detroit, Mich. 48 

Pigments— 

Cost of. 19 

Trade and chemical names of. 20 

Pitkin’s Premium Paint, Oeo. W. Pitkin Company, Chicago, Ill. 49 

Queen Anne paint. 81 

Ready-mixed paints, National White Lead and Color Company, 

Brooklyn, N. Y. 86 

Rogers’s Best Mixed Paint. 62 

Roof, barn, and bridge paint. 76 

St. Paul White Lead Company (Lion brand). 50 

Seroco Paint Manufacturing Company, Chicago, Ill. 56 

Shawmut Mixed Paint, Boston, Mass. 69,81 

Sherwin-Williams Company. 51,165 

Spokane Liquid Paint, Spokane, Wash. 07 

Statutory. 19 

Stearns Paint Manufacturing Company, Davenport, Iowa.. 54 

Table showing contents per gallon and per cent of shortage by volume.. 56, 57 

Tremont Prepared. 86 

United States Paint Company, Chicago, Ill. 55 

Water in. 16 

Wool worth, F. W. & Co. 54 

Parks, A. M., attended. 114 

Patton Paint Company, extract from address. 166 

Peters, Robert L., attended. 10 

Roach, James, statement of. 126 

Smith, Senator, of South Carolina, attended. 8 

Stratton, Dr. S. W.: 

Attended. 11 

Statement of. 107 

Stewart, Henry C.: 

Attended. 11,114 

Statement of. 116 

Theobold, John: 

Attended. 10 

Statement of. 109 

Trigg, Henry T.: 

Attended. 11,114 

Statement of. 101 

AValker, Dr. P. H.: 

Attended. 11,114 

Statement of. 106,120 

Letter from. 4 

Wetherell, C. T., attended. 11,114 




























































INDEX. 


139 


White leads: Page. 

Acme White Lead and Color Works, Detroit, Mich. 20,93 

Analysis, government chemist. 6, 7 

Analysis, North Dakota report. 20,25 

Antitrust pure white lead, New York and Chicago. 87 

Armstrong Paint and Varnish Company, Chicago, Ill. 26 

Atlas Paint Manufacturing Company, Minneapolis, Minn. 27 

Blue Seal Brand (Wm. Waterall Company, Philadelphia, Pa.). 87 

Bradley & Brooman Company, Chicago, ill. 20,28 

Bridgeport Wood Finishing Company, New Milford, Conn. 29 

Carter White Lead Company, Chicago, Ill. 21 

Enterprise Paint Manufacturing Company, Chicago, Ill. 21 

French, Samuel H., Company, Pittsburg, Pa. 88 

Heath & Milligan Manufacturing Company, Chicago, 111. 21 

Iowa Paint Manufacturing Company, Fort Dodge, Iowa. 22 

Longwear Tinted Lead Company, St. Louis, Mo. 22 

National Lead Company. 23 

National Lead and Oil Company. 94 

New Jersey Zinc Company, New York. 24 

Picher Lead Company, Joplin, Mo. 24 

St. Louis Lead and Oil Company. 22 

Senour Manufacturing Company, Chicago, Ill. 22 

Williams, C. K.: 

Attended. 114 

Statement of. 126 

Wood, Henry: 

Statement of. 124 

Attended. 11,114 

Woodhouse, S. H., attended. 114 

Yarnell, Howard, attended. 11,114 


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